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COMMONWEALTH v. FILLIPPINI

2 Mass. App. Ct. 179 (1974)

310 N.E.2d 147

COMMONWEALTH vs. WILLIAM L. FILLIPPINI & another.

Appeals Court of Massachusetts, Plymouth.

April 23, 1974.

Attorney(s) appearing for the Case

Kay Hodge for the defendant Fillippini.

Charles P. Dattola & Henry F. Owens, III (Anne Hoffman with them) for the defendant Andrews.

David G. Nagle, Jr., Assistant District Attorney, for the Commonwealth.

Present: ROSE, KEVILLE, & GRANT, JJ.

ROSE, J.

William Fillippini, Ralph Andrews, and James, John, and Arthur Pina were charged in a single indictment with armed robbery while masked. On the third day of a first trial the judge declared a mistrial as to each defendant. At a second trial of the indictment, under G.L.c. 278, §§ 33A-33G, Andrews, Fillippini, and James Pina were convicted, but the jury were unable to reach a verdict concerning John or Arthur Pina. Only the assignments of error by...

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