COMMONWEALTH v. FATALO


345 Mass. 85 (1962)

185 N.E.2d 754

COMMONWEALTH vs. ANGELO M. FATALO (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Middlesex.

November 5, 1962.


Attorney(s) appearing for the Case

F. Lee Bailey (Charles E. Orcutt, Jr., with him) for the defendant.

John J. Irwin, Assistant District Attorney (Ruth I. Abrams, Assistant District Attorney, with him), for the Commonwealth.

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


SPALDING, J.

Shortly after six o'clock on Labor Day morning, September 4, 1961, Joseph F. McAdams was assaulted and beaten by four men in the basement of an apartment house in Woburn. Subsequently, the defendant was charged with participation in the crime in an indictment for assault and battery by means of a dangerous weapon. The defendant in another indictment was charged with having assaulted McAdams on August 23, 1961...

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