COMMONWEALTH v. MICHEL


367 Mass. 454 (1975)

327 N.E.2d 720

COMMONWEALTH vs. LARRY MICHEL.

Supreme Judicial Court of Massachusetts, Essex.

April 22, 1975.


Attorney(s) appearing for the Case

Anthony R. DiFruscia for the defendant.

Robert J. O'Sullivan, Assistant District Attorney, for the Commonwealth.

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


REARDON, J.

The defendant was convicted of robbery and mayhem in a jury waived trial in the Superior Court. The cases were taken on appeal under the provisions of G.L.c. 278, §§ 33A-33G, and were transferred here from the Appeals Court pursuant to G.L.c. 211A, § 10 (A). The evidence can be briefly stated.

On March 19, 1972, the victim, one William Howard Cole, encountered the defendant at "The Vets," a drinking establishment in Lawrence. From...

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