COMMONWEALTH v. BINKIEWICZ


339 Mass. 590 (1959)

162 N.E.2d 46

COMMONWEALTH vs. MICHAEL BINKIEWICZ.

Supreme Judicial Court of Massachusetts, Worcester.

October 29, 1959.


Attorney(s) appearing for the Case

George F. Himmel, for the defendant, submitted a brief.

John F. Driscoll, Assistant District Attorney, for the Commonwealth.

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


WHITTEMORE, J.

The defendant was convicted by a judge in the Superior Court, sitting without jury, of the crime of assault and armed robbery while masked (G.L.c. 265, § 17). In support of his exceptions he contends that the judge erred in refusing to rule that a finding of not guilty was required in law, and in denying requests to the judge near the close of the second day of the trial for the issuance of process to summon certain witnesses. The issue of the...

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