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COMMONWEALTH v. KELLY

1 Mass. App. Ct. 441 (1973)

300 N.E.2d 443

COMMONWEALTH vs. JAMES D. KELLY (and two companion cases).

Appeals Court of Massachusetts, Hampden.

August 23, 1973.

Attorney(s) appearing for the Case

Arthur D. Serota for the defendant Kelly.

Jay M. Forgotson for the defendant Foulks.

John McDonough, Assistant District Attorney (William Teahan, Jr., Assistant District Attorney, with him) for the Commonwealth.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

GOODMAN, J.

The defendant Kelly was convicted of armed robbery and sentenced to 12 to 18 years imprisonment. The defendant Foulks was convicted at the same trial on two indictments charging him with being an accessory after the fact to Kelly and one Ola Mae Smith2, respectively. The cases are here under G.L.c. 278, §§ 33A-33G.3

These cases arise out of a bank robbery of the Union Federal Savings...

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