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COMMONWEALTH v. BALLIRO

349 Mass. 505 (1965)

209 N.E.2d 308

COMMONWEALTH vs. ROCCO A. BALLIRO & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 2, 1965.

Attorney(s) appearing for the Case

Joseph J. Balliro for Salvatore J. Balliro.

Neil Colicchio for Rocco A. Balliro.

James W. Kelleher (William C. Madden with him) for Albert P. Ciocco.

Angelo Morello, Assistant District Attorney (Paul F. Cavanaugh, Legal Assistant to the District Attorney, with him), for the Commonwealth.

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

SPALDING, J.

The defendants, Rocco A. Balliro (Rocco), Salvatore J. Balliro (Salvatore) and Albert P. Ciocco (Ciocco) were indicted for the murders of Toby Wagner and her young son, Mark. The indictments charged murder in the first degree. The defendants were also charged with breaking and entering a dwelling house in the night time with the intent to commit an assault by means of a dangerous weapon and with committing that assault. G.L.c. 266, § 14. The jury...

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