GALLO v. COMMONWEALTH


343 Mass. 397 (1961)

179 N.E.2d 231

JOSEPH A. GALLO vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

December 22, 1961.


Attorney(s) appearing for the Case

William P. Homans, Jr., (Walter Powers, Jr., with him,) for the petitioner.

James W. Bailey, Assistant Attorney General, for the Commonwealth.

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


WILKINS, C.J.

This proceeding on writ of error is reported without decision by a single justice upon the petition, the assignment of errors, the return of the Chief Justice of the Superior Court, the answer, and a stipulation as to the facts and issues of law. G.L. (Ter. Ed.) c. 211, § 6.

The petitioner was indicted and convicted on three indictments: one for armed robbery; another for burglary, being armed, and making an assault; and a third for conspiracy...

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