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COMMONWEALTH v. BROWN

364 Mass. 471 (1973)

305 N.E.2d 830

COMMONWEALTH vs. ROGER BROWN.

Supreme Judicial Court of Massachusetts, Norfolk.

December 28, 1973.

Attorney(s) appearing for the Case

John B. Greene for the defendant.

George G. Burke, District Attorney, & John P. Connor, Jr., Assistant District Attorney, for the Commonwealth, submitted a brief.

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

KAPLAN, J.

Roger Brown and John H. Tarrant, inmates of the Massachusetts Correctional Institution at Walpole, were tried by a jury in Norfolk Superior Court in October, 1971, upon indictments charging them severally with assault and battery upon a correctional officer, contrary to the statute, G.L.c. 127, § 38B.1 The jury found Tarrant not guilty, but Brown guilty, and Brown was sentenced...

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