COMMONWEALTH v. KELLEY


358 Mass. 43 (1970)

260 N.E.2d 691

COMMONWEALTH vs. JOHN J. KELLEY, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

June 29, 1970.


Attorney(s) appearing for the Case

Thomas E. Dwyer (John L. Murphy, Jr., with him) for the defendant.

Marvin R. Finn, Special Assistant Attorney General, for the Commonwealth.

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


QUIRICO, J.

The defendant has been tried, found guilty and sentenced on an indictment charging him with the crime of conspiracy. Sentence has been stayed by the trial judge pending our decision on questions reported by him on the sufficiency of the indictment. Further questions are raised on the defendant's bill of exceptions but are not yet before us.1

The indictment charged that: "John J. Kelley, Jr. and Highway Traffic Engineers...

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