Commonwealth v. Stewart

These are appeals under G. L. c. 278, §§ 33A-33G, from convictions under indictments charging-murder in the first degree, armed robbery, assault with intent to murder while being armed, and assault with intent to rob while being armed. The jury did not recommend that the death penalty not be imposed.

There was evidence from which the jury could have found the following. The defendant, on March 17, 1969, was in the Tam Cafe in Boston for at least an hour prior to events giving rise to this prosecution and may have been there earlier in the day. He had four or five beers during this period.…