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COMMONWEALTH v. FLYNN

362 Mass. 455 (1972)

287 N.E.2d 420

COMMONWEALTH vs. CHARLES FLYNN. (and three companion cases).

Supreme Judicial Court of Massachusetts, Essex.

September 13, 1972.

Attorney(s) appearing for the Case

Joel R. Labell, for Carl Valleca (Eli G. Mavros, for Kenneth Foster, with him).

Peter F. Brady, Assistant District Attorney (Michael T. Stella, Jr., with him) for the Commonwealth.

Harvey Brower, for Charles Flynn, submitted a brief.

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

QUIRICO, J.

Charles Flynn, Demosthenes Gatzimas, Morris M. Capriole, Kenneth H. Foster and Carl Valleca were each charged in various indictments or counts thereof with the following crimes allegedly committed on May 5, 1969: (a) breaking and entering in the nighttime a building in Lawrence, with intent therein to commit a felony, to wit: armed robbery while masked or disguised, and (b) armed robbery while masked from each...

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