Commonwealth v. Harris

The defendant was found guilty by a jury on indictments charging murder in the first degree (G. L. c. 265, § 1) and armed assault with intent to rob (G. L. c. 265, § 18). He was sentenced to death on the murder charge. After his trial, which occurred in January, 1964, the defendant filed a claim of appeal, but no further action was taken on it. However, in March, 1975, a consent decree was entered before a single justice of this court vacating the sentence of death (with the trial court directed to resentence the defendant to life imprisonment) and allowing the defendant full rights of appeal…