Commonwealth v. Rollins

Upon a second indictment for the murder of Frank Duarte on October 24, 1966, Rollins was found guilty of murder in the second degree of Frank Duarte by shooting. The case is before us under G. L. c. 278, §§ 33A-33G. The facts pertinent to each assignment of error are stated in connection with that assignment.

1. On November 15, 1966, Rollins was first indicted. On March 9, 1967, the District Attorney filed a nolie prosequi with respect to so much of that indictment as charged murder in the first degree. On that day also Rollins (for whom counsel had been appointed) filed a plea of guilty of…