Commonwealth v. Lowe

The defendant appeals from the denial of his motion seeking release from unlawful confinement, under Mass. R. Crim P. 30 (a), 378 Mass. 900 (1979), following his conviction of murder in the second degree.1 The verdict and the denial of a postconviction motion for a required finding of not guilty or for a new trial were affirmed by this court in Commonwealth v. Lowe, 391 Mass. 97, cert. denied, 469 U.S. 840 (1984). The denial of the defendant’s second motion for postconviction relief was affirmed in Commonwealth v. Lowe, 25 Mass. App. Ct. 1112 (1988).

On appeal, the defendant argues that (1)…