COMMONWEALTH v. HERVEY


1 Mass. App. Ct. 727 (1974)

306 N.E.2d 862

COMMONWEALTH vs. PERRY HERVEY, JR.

Appeals Court of Massachusetts, Suffolk.

February 5, 1974.


Attorney(s) appearing for the Case

David F. Featherston, Jr., for the defendant.

Angelo Morello, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., ROSE, GRANT, & ARMSTRONG, JJ.


HALE, C.J.

On July 2, 1969, the defendant was found guilty on three indictments charging breaking and entering with intent to commit rape, assault and battery with a dangerous weapon, and rape. Before sentence was imposed the defendant pleaded guilty to another indictment charging breaking and entering with intent to commit larceny. On May 5, 1970, the defendant, represented by new counsel, filed a motion for a new trial on the first three of the above described indictments...

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