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COMMONWEALTH v. LENNON

399 Mass. 443 (1987)

504 N.E.2d 1051

COMMONWEALTH vs. DONALD J.J. LENNON.

Supreme Judicial Court of Massachusetts, Middlesex.

March 16, 1987.

Attorney(s) appearing for the Case

Richard Zorza, Committee for Public Counsel Services, for the defendant.

Fern L. Nesson, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

The defendant appeals from his conviction of the murder in the first degree of John Hess. About 6 A.M. on May 21, 1982, John Hess, who presumably had been jogging on Fort Pond Road in Acton, was shot three times in the neck and head. Another jogger, who was about 275 yards away, had noticed a shiny red vehicle off to the side of the road and someone in jogging clothes standing beside it. He heard three shots...

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