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SMITH v. COMMONWEALTH

331 Mass. 585 (1954)

121 N.E.2d 707

CARL G. SMITH vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

September 16, 1954.

Attorney(s) appearing for the Case

George H. Lewald, for the petitioner.

George Fingold, Attorney General, & Malcolm M. Donahue, Assistant Attorney General, for the Commonwealth.

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

QUA, C.J.

The petitioner has sued out his writ of error to reverse a sentence of from eight to ten years in the State prison imposed upon him, after trial in the Superior Court at Worcester, on August 31, 1951, for breaking and entering a building in West Boylston in the nighttime on February 15, 1949, and larceny therefrom. The contention of the petitioner was and is that on February 15, 1949, he was in or near Chicago in the State of Illinois and was not at West...

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