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COMMONWEALTH v. O'TOOLE

326 Mass. 35 (1950)

92 N.E.2d 618

COMMONWEALTH vs. JOHN E. O'TOOLE, JUNIOR, & another.

Supreme Judicial Court of Massachusetts, Norfolk.

May 8, 1950.

Attorney(s) appearing for the Case

F. Juggins, for the defendant DiMattio.

J.F. O'Connell, Jr., for the defendant O'Toole.

E.R. Dewing, District Attorney, (B.W. Flynn, Assistant District Attorney, with him,) for the Commonwealth.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & WILLIAMS, JJ.

LUMMUS, J.

The defendants, John E. O'Toole, Junior, and Michael DiMattio, were indicted for being accessories before the fact to the murder of Eugene P. Irwin, Junior, at Quincy on December 4, 1947. The defendants were tried, and at the close of the evidence each defendant moved for a directed verdict of not guilty, which motion was denied. The jury found each guilty of being accessory before the fact to murder in the second degree. Each was sentenced to imprisonment...

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