COMMONWEALTH v. BALUKONIS


357 Mass. 721 (1970)

260 N.E.2d 167

COMMONWEALTH vs. RICHARD W. BALUKONIS (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

June 19, 1970.


Attorney(s) appearing for the Case

Wilbur A. Hyatt for the defendant Balukonis.

Joel R. Labell for the defendant Allen.

Dante J. DeMichaelis, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & REARDON, JJ.


SPIEGEL, J.

The defendants were found guilty by a jury of armed robbery of the Shirley Cooperative Bank. Each defendant was sentenced to serve for a term not exceeding twelve years or less than eight years. They appealed under the provisions of G.L.c. 278, §§ 33A-33G. The cases are here on a summary of the record, a transcript of the evidence, and a combined total of 101 assignments of error.2

On February 2, 1968, there...

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