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COMMONWEALTH v. BRANDANO

359 Mass. 332 (1971)

269 N.E.2d 84

COMMONWEALTH vs. DANIEL BRANDANO (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

April 20, 1971.

Attorney(s) appearing for the Case

Terence M. Troyer, Assistant District Attorney, for the Commonwealth.

Joseph J. Balliro, for Daniel Brandano, submitted a brief.

Max C. Goldberg, for Henry W. Strob, submitted a brief.

John J. Irwin, Jr., & Ruth I. Abrams, Assistant Attorneys General, for the Attorney General, amicus curiae, submitted a brief.

Reuben Goodman, for the Massachusetts Defenders Committee, amicus curiae, submitted a brief.

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

TAURO, C.J.

In June, 1968, the defendant Brandano was indicted and in July, 1968, the defendant Strob was indicted under G.L.c. 266, § 28, each for receiving a stolen motor vehicle, knowing the vehicle to have been stolen. These offences were alleged to have taken place on the following dates: Brandano — March 25, 1966; Strob — February 24, 1966. In November, 1968, upon the defendants' motions their cases were continued for one year without a finding...

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