BROWN v. COMMONWEALTH


335 Mass. 476 (1957)

140 N.E.2d 461

IVAN W. BROWN vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

February 27, 1957.


Attorney(s) appearing for the Case

Edward J. Barshak, for the petitioner.

Samuel W. Gaffer, Assistant Attorney General, for the Commonwealth.

Mark DeW. Howe, amicus curiae.

LaRue Brown, by leave of court, submitted a brief as amicus curiae.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.


WILKINS, C.J.

The plaintiff in error, whom we shall call the petitioner, is serving three sentences of not exceeding seven nor less than five years, which were imposed in the Superior Court for Middlesex County on May 13, 1952. One indictment was for assault and battery by means of a dangerous weapon. Two indictments, one of which contained two counts, were for robbery while armed. All the indictments arose out of three taxicab operator robberies committed by a passenger...

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