Commonwealth v. Gilday

This is an appeal under G. L. c. 278, §§ 33A-33G, of the defendant’s convictions, after a jury trial, on an indictment for first degree murder and two indictments for armed robbery. The defendant was sentenced to death on the murder charge, the jury not having recommended that the death penalty not be imposed. Life sentences, to be served concurrently, were imposed as to the armed robbery convictions.

Thereafter, the case of Furman v. Georgia, 408 U. S. 238 (1972), was decided, and the defendant moved for a new trial as to the murder indictment on the ground that the Furman case established…