Commonwealth v. Capalbo

The defendant was tried and convicted in the Superior Court upon an indictment charging him with the commission of murder in the second degree and upon an indictment charging him with carrying a pistol without a license. . The trial was conducted in accordance with G. L. (Ter. Ed.) c. 278, §§ 33A-33G, inclusive. The defendant now raises no question as to his conviction upon the second indictment. His contentions are confined to the first indictment, and that case is here by appeal, with *377a summary of the record, a transcript of the evidence, and an assignment of errors.

The deceased, Joseph…