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COMMONWEALTH v. O'BRIEN

360 Mass. 42 (1971)

271 N.E.2d 633

COMMONWEALTH vs. ROBERT J. O'BRIEN & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 30, 1971.

Attorney(s) appearing for the Case

Charlotte A. Perretta for the defendant O'Brien.

John A. Pino for the defendant DiMinico.

Newman A. Flanagan, Assistant District Attorney, for the Commonwealth.

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

CUTTER, J.

O'Brien and Christopher F. DiMinico were tried on indictments charging first degree murder and armed robbery at or near a market owned by Earl Crosby at 97 Heath Street in the Roxbury section of Boston. A jury found each of them guilty of second degree murder and armed robbery in a trial conducted under G.L.c. 278, §§ 33A-33G. At the close of the Commonwealth's evidence, a verdict of not guilty was directed for a codefendant, James G. McDowell...

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