COMMONWEALTH v. BENJAMIN


358 Mass. 672 (1971)

266 N.E.2d 662

COMMONWEALTH vs. CARL BENJAMIN (and companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

February 9, 1971.


Attorney(s) appearing for the Case

Walter J. Hurley for the defendant Benjamin.

Thomas J. Herbert for the defendant Lawrence.

John B. Murphy, Jr., for the defendant Monroe.

William P. Homans, Jr., for the defendant Roberts.

Dante J. DeMichaelis, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., CUTTER, REARDON, & QUIRICO, JJ.


CUTTER, J.

A Superior Court judge has reported for our determination1 pre-trial questions arising with respect to indictments of several defendants.2

I.

Each defendant was charged in a single but separate indictment with conspiracy to forge, utter, and steal. Each such conspiracy indictment contained 122 counts.3 The defendants...

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