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COMMONWEALTH v. SPEAR

2 Mass. App. Ct. 687 (1974)

319 N.E.2d 455

COMMONWEALTH vs. DAVID EARL SPEAR.

Appeals Court of Massachusetts, Suffolk.

December 6, 1974.

Attorney(s) appearing for the Case

Jack I. Zalkind (Chester C. Paris with him) for the defendant.

Thomas J. Mundy, Jr., Assistant District Attorney, for the Commonwealth.

Present: ROSE, KEVILLE, & GOODMAN, JJ.

GOODMAN, J.

At about 7:30 P.M. on April 25, 1972, a man, identified later as Willie Daniel, walked into a barber shop on Northampton Street in Boston. He said, "Help me. I've been shot. I don't want to die," and fell to the floor. The barber telephoned the police and, as he was doing so, Daniel staggered to his feet and out the door. He fell again on the sidewalk a few feet from the entrance to the barber shop. In...

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