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COMMONWEALTH v. CORCIONE

366 Mass. 139 (1974)

314 N.E.2d 901

COMMONWEALTH vs. ROBERT CORCIONE.

Supreme Judicial Court of Massachusetts, Norfolk.

August 5, 1974.

Attorney(s) appearing for the Case

Richard Shapiro for the defendant.

Robert B. Russell, Assistant District Attorney, for the Commonwealth.

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

HENNESSEY, J.

This case is before us on the defendant's bill of exceptions challenging his conviction as an accessory after the fact to an assault with intent to murder. G.L.c. 274, § 4. We reverse the conviction on the reasoning of Commonwealth v. Devlin, ante, 132, 135-138 (1974), which arose out of the same incident and was tried together with the present case. The allegations of the indictment here...

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