Commonwealth v. Francis

The defendant was convicted by a jury, as an accessory before the fact, of murder in the first degree by reason of deliberate premeditation.1 He was also convicted, as an accessory before the fact, of three indictments charging armed assault with intent to murder and assault and battery by means of a dangerous weapon. G. L. c. 274, § 2. On appeal, he claims numerous errors that would warrant reversal of his convictions and requests relief pursuant to G. L. c. 278, § 33E. While his appeal was pending, the defendant filed a motion for a new trial based on newly discovered evidence that was…