COMMONWEALTH v. DOMINICO


1 Mass. App. Ct. 693 (1974)

306 N.E.2d 835

COMMONWEALTH vs. CHARLES A. DOMINICO & others.

Appeals Court of Massachusetts, Suffolk.

January 31, 1974.


Attorney(s) appearing for the Case

Robert M. Mardirosian for the defendant Novello.

Usher A. Moren for the defendant Dominico.

Malvine Nathanson (Thomas J. Herbert with her) for the defendant Merlino.

James F. Sullivan, Special Assistant District Attorney (Alfred E. Saggese, Jr., Assistant District Attorney, & Elizabeth C. Casey, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Present: ROSE, KEVILLE, & ARMSTRONG, JJ.


ARMSTRONG, J.

The appellants in this case, Charles Dominico, Carmello Merlino and Rocco Novello, bring their appeals under G.L.c. 278, §§ 33A-33G. They were convicted of armed robbery. A fourth defendant at the trial, William Cresta, was found not guilty by the jury. There were five other men named in the indictment: two remained unapprehended at the time of the trial; a mistrial was declared as to one Santo Diaferio; and both Andrew DeLeary and John J....

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