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COMMONWEALTH v. McCARTHY

348 Mass. 7 (1964)

200 N.E.2d 264

COMMONWEALTH vs. ROBERT L. McCARTHY & another (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

July 13, 1964.

Attorney(s) appearing for the Case

F. Lee Bailey for the defendant William E. McCarthy.

Robert A. Barton for the defendant Robert L. McCarthy.

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

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

WHITTEMORE, J.

These are appeals under the provisions of G.L.c. 278, §§ 33A-33G, as amended through St. 1962, c. 453. Both defendants were tried before a jury on indictments charging murder in the first degree, conspiracy to commit armed robbery, and assault with intent to rob. The defendants, Robert L. McCarthy and William E. McCarthy, were charged with assault and battery by means of a dangerous weapon, and William was charged with unlawfully carrying...

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