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COMMONWEALTH v. ALMON

387 Mass. 599 (1982)

441 N.E.2d 758

COMMONWEALTH vs. JOHN MICHAEL ALMON.

Supreme Judicial Court of Massachusetts, Essex.

November 10, 1982.

Attorney(s) appearing for the Case

Daniel E. Callahan for the defendant.

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

HENNESSEY, C.J.

The defendant John Michael Almon was convicted of murder in the first degree by an Essex County jury and sentenced to the mandatory term of life imprisonment. On this appeal, the defendant does not suggest that legal error was committed during the trial. The sole submission is that, because a consideration of the whole case reveals that some leniency is deserved, this court should exercise its power under G.L.c. 278, § 33E, to set aside the verdict...

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