COMMONWEALTH v. PINNICK


354 Mass. 13 (1968)

234 N.E.2d 756

COMMONWEALTH vs. MILTON P. PINNICK.

Supreme Judicial Court of Massachusetts, Suffolk.

March 6, 1968.


Attorney(s) appearing for the Case

William Lender for the defendant.

Thomas J. Mundy, Jr., Assistant District Attorney, for the Commonwealth.

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


REARDON, J.

The defendant was found guilty on an indictment charging him with assault and battery by means of a dangerous weapon. The trial was subject to G.L.c. 278, §§ 33A-33G, and the defendant has appealed. We have before us a summary of the record, a transcript of the evidence, and assignments of error.

There was evidence that on April 21, 1966, Carmine Restaino, fifty years of age and employed as a truck driver, upon arrival at his home at...

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