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COMMONWEALTH v. SOSTILIO

325 Mass. 143 (1949)

89 N.E.2d 510

COMMONWEALTH vs. JOSEPH SOSTILIO.

Supreme Judicial Court of Massachusetts, Worcester.

December 29, 1949.

Attorney(s) appearing for the Case

J.S. Derham, (W.T. Buckley & F.X. Reilly, Jr., with him,) for the defendant.

A.B. Cenedella, District Attorney, (A.A. Gelinas, Assistant District Attorney, with him,) for the Commonwealth.

Present: QUA, C.J., LUMMUS, SPALDING, & COUNIHAN, JJ.

LUMMUS, J.

The indictment against the defendant was in three counts. The first charged that the defendant, on June 25, 1948, "did assault and beat Stephen D. Bishop, and by such assault and beating did kill Stephen D. Bishop." The second charged that the defendant on that day "did drive a motor vehicle on a race track in a wanton and reckless manner, and did thereby assault and beat Stephen D. Bishop, and by such assault...

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