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COMMONWEALTH v. ROY

349 Mass. 224 (1965)

207 N.E.2d 284

COMMONWEALTH vs. CLIFFORD A. ROY.

Supreme Judicial Court of Massachusetts, Norfolk.

May 10, 1965.

Attorney(s) appearing for the Case

Ronald J. Chisholm (Edgar A. Rimbold with him) for the defendant.

A.T. Handverger, Assistant District Attorney, for the Commonwealth.

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

KIRK, J.

The defendant Roy, with one Lamm, was tried and found guilty on three indictments.1 Indictment 38,432 charged, in count 1, that Roy and Lamm on September 17, 1964, at Milton broke and entered the dwelling of Paul G. Queeney with intent to commit larceny, and, in count 2, that on the same day in the named dwelling they committed larceny. Indictment 38,434 charged both with the possession of burglar's tools on September 17, 1964...

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