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COMMONWEALTH v. BARNES

2 Mass. App. Ct. 357 (1974)

312 N.E.2d 575

COMMONWEALTH vs. THOMAS L. BARNES (and a companion case).

Appeals Court of Massachusetts, Middlesex.

June 12, 1974.

Attorney(s) appearing for the Case

Alfred Paul Farese for the defendants.

John J. Droney, District Attorney, Terence M. Troyer & Barbara A.H. Smith, Assistant District Attorneys, for the Commonwealth.

Present: ROSE, KEVILLE, & GOODMAN, JJ.

GOODMAN, J.

The defendants appeal under G.L.c. 278, §§ 33A-33G, from convictions of assault and battery and assault with a dangerous weapon after a jury-waived joint trial. The following summary, taken from the evidence and inferences therefrom, will serve as a background for the three assignments of error argued by the defendants. On September 11, 1971, shortly after 4:00 P.M. as two cyclists were riding their motorcycles, they were struck with what appeared...

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