COMMONWEALTH v. DOUGHERTY


343 Mass. 299 (1961)

178 N.E.2d 584

COMMONWEALTH vs. JOSEPH T. DOUGHERTY, JUNIOR (and two companion cases).

Supreme Judicial Court of Massachusetts, Berkshire.

December 8, 1961.


Attorney(s) appearing for the Case

Peter J. Genovese, for the defendant Dougherty.

Maurice I. Lerner, for the defendant Kiley.

Matthew J. Ryan, District Attorney, (Leonard E. Gibbons, Assistant District Attorney, with him,) for the Commonwealth.

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


WHITTEMORE, J.

The defendants have appealed under G.L.c. 278, § 33B, from judgments of guilty of murder in the second degree of Michael Koza and of conspiracy with each other and with Anthony Polcaro (deceased after conviction) to assault and beat Koza.

1. There was no error in denying the motions for directed verdicts.

There was evidence, appropriately limited, when admitted, to the cases to which it applied, as follows: Polcaro was actively...

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