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action adopted alleged allowed amended appeal application argues argument Attorney authority Boston building charge Civil claim commission Commissioner committee Common Commonwealth concerning conclude consider constitutional contract convicted counsel County crime criminal death decision defendant defendant's denied determine direct dismissal District effect entered entitled error evidence executive facts Federal filed findings further granted ground hearing held hospital indictment injury interest issue judge judgment judicial jury justice license limited March Mass Massachusetts matter ment motion murder notice officer operation opinion parties penalty permit person petition plaintiff police practice present prior probation procedure proceedings protection punishment question reasonable received record regulations relating relief request result rule School sentence served statement statute Superior Court supra testimony tion town trial trust United violation witness