COMMONWEALTH v. COLARDO


351 Mass. 76 (1966)

217 N.E.2d 775

COMMONWEALTH vs. JOHN E. COLARDO, JR. (and two companion cases).

Supreme Judicial Court of Massachusetts, Barnstable.

June 8, 1966.


Attorney(s) appearing for the Case

Joseph J. Balliro for the defendants.

Joseph P. Harrington, Assistant District Attorney, for the Commonwealth.

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


REARDON, J.

Each of the three defendants, John E. Colardo, Jr., Louis P. Falcone and Louis R. Zoglio, was convicted of having conspired with the others to steal merchandise of the value of more than $100. The matter was heard by a judge sitting without jury and is here on exceptions alleged by each defendant under G.L.c. 278, § 31. There was evidence as follows.

About 4:30 P.M. on July 19, 1963, the three defendants entered the clothing shop of Simon...

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