COMMONWEALTH v. HOLMES


344 Mass. 524 (1962)

183 N.E.2d 279

COMMONWEALTH vs. NEELY J. HOLMES.

Supreme Judicial Court of Massachusetts, Essex.

June 11, 1962.


Attorney(s) appearing for the Case

Sumner H. Smith for the defendant.

John N. Nestor, Assistant District Attorney, for the Commonwealth.

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


WILKINS, C.J.

The defendant was convicted of the offence of assault and battery upon one Carter by means of a dangerous weapon, in this case a knife. G.L. (Ter. Ed.) c. 265, § 15A. This crime was a felony. G.L. (Ter. Ed.) c. 274, § 1. The case was made subject to G.L.c. 278, §§ 33A-33G. The defendant appealed, and filed an assignment of errors.

1. Assignments 3, 4, and 5 are based upon the admission...

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