COMMONWEALTH v. ROSS


339 Mass. 428 (1959)

159 N.E.2d 330

COMMONWEALTH vs. JOSEPH W. ROSS.

Supreme Judicial Court of Massachusetts, Suffolk.

June 18, 1959.


Attorney(s) appearing for the Case

James D. St. Clair, (Blair L. Perry with him,) for the defendant.

Angelo Morello, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.


WHITTEMORE, J.

The defendant was tried under two indictments, one for armed and masked robbery on September 17, 1956, and the other for knowingly receiving stolen money on that date. The jury found the defendant guilty of robbery and not guilty of receiving. The defendant's exceptions are stated in the opinion.

The evidence permitted the jury to find as follows: On September 17, 1956, at about 1 P.M. three armed and masked men stole $9,468.06 from a banking...

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