COMMONWEALTH v. EARLY


349 Mass. 636 (1965)

212 N.E.2d 457

COMMONWEALTH vs. WALTER EDWARD EARLY (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

December 1, 1965.


Attorney(s) appearing for the Case

Bernard E. Bradley, Jr. (Ronald J. Chisholm with him) for the defendants.

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

Present: SPALDING, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


SPALDING, J.

The two defendants, Early and Fuller, were tried to a jury, subject to G.L.c. 278, §§ 33A-33G, under two indictments charging each with unarmed robbery. Both defendants were found guilty. The cases come here on their appeals with one assignment of error. The error assigned is the denial of the defendants' motion for a mistrial, which occurred in these circumstances. One Denommee, a police officer of the city of Lowell who had investigated the...

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