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COMMONWEALTH v. JOHNSON

374 Mass. 453 (1978)

373 N.E.2d 1121

COMMONWEALTH vs. DAVID R. JOHNSON.

Supreme Judicial Court of Massachusetts, Plymouth.

February 23, 1978.

Attorney(s) appearing for the Case

Robert S. Potters for the defendant.

Helen Murphy Doona, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ.

QUIRICO, J.

The defendant was convicted by a jury of the crimes of murder in the first degree (G.L.c. 265, § 1), and breaking and entering a dwelling house in the nighttime with intent to commit a felony and assaulting a person therein (G.L.c. 266, § 14). The cases are now before us on the defendant's appeals under G.L.c. 278, §§ 33A-33G.

The defendant claims errors by the trial judge with respect...

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