Commonwealth v. Cook

This is a petition by the Commonwealth under G. L. c. 211, § 3, for relief from the action of a judge of the Superior Court in allowing the defendant’s motion for new trial under G. L. c. 278, § 29. A single justice of this court denied the Commonwealth relief and ordered the petition dismissed. The case is before us on the Commonwealth’s appeal from the judgment of dismissal. We affirm the judgment.

The defendant, Vernard Cook, was convicted of murder in the first degree and related offenses, 2 by a jury on June 12, 1973, and appealed therefrom to this court. We affirmed his conviction by our…