COMMONWEALTH v. BRODY


328 Mass. 521 (1952)

105 N.E.2d 243

COMMONWEALTH vs. SAMUEL C. BRODY (and a companion case against the same defendant).

Supreme Judicial Court of Massachusetts, Suffolk.

April 1, 1952.


Attorney(s) appearing for the Case

E.M. Dangel, (L.E. Sherry & C.J. Austin with him,) for the defendant.

F.T. Doyle, Assistant District Attorney, for the Commonwealth.

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


WILLIAMS, J.

These are two petitions, identical in form and content, by the defendant, who is serving a sentence in the State prison, to "vacate [his] sentence, withdraw [his] plea of guilty and obtain trial on the merits."

The petitions and the record disclose the following facts. Seven indictments containing sixty-five counts for larceny were returned against the defendant by the grand jury of Suffolk County on July 8, 1949. He was arraigned on July 12,...

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