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action adopted alleged allowed amended appeal application argues argument arrest Assistant Attorney authority Boston cause charge child circumstances claim commission Common Commonwealth Company conclusion consider constitutional contention Control conviction corporation counsel County criminal death decided decision decree defendant defendant's denied Department determine direct District effect entered error established evidence fact Federal filed final finding further given granted ground guilty hearing held hold imposed indictment instructions interest issue judge judge's judgment Judicial jury justice limited Mass Massachusetts matter ment motion murder opinion parties permit person petition plaintiff police present prior procedure proceedings provides question reasonable record result rule sentence single standard statement statute Superior Court supra testified testimony tion tort town trial United verdict victim violation warrant witness