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COMMONWEALTH v. MARTIN

358 Mass. 282 (1970)

264 N.E.2d 366

COMMONWEALTH vs. HARRY C. MARTIN.

Supreme Judicial Court of Massachusetts, Hampden.

December 3, 1970.

Attorney(s) appearing for the Case

Efrem A. Gordon for the defendant.

Matthew J. Ryan, Jr., District Attorney, for the Commonwealth, submitted a brief.

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

QUIRICO, J.

The defendant is appealing under G.L.c. 278, §§ 33A-33G, after conviction and sentence on three indictments charging him with the following crimes allegedly committed on January 30, 1969: robbery from James Brown, being armed with a revolver and while masked and disguised; breaking and entering the dwelling house of Brown in the nighttime while armed, with the intent to commit a felony, and assault on Brown; and assault and battery on Brown....

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