COMMONWEALTH v. HOWARD


4 Mass. App. Ct. 476 (1976)

350 N.E.2d 721

COMMONWEALTH vs. TIMOTHY HOWARD.

Appeals Court of Massachusetts, Suffolk.

July 23, 1976.


Attorney(s) appearing for the Case

Margaret D. McGaughey for the defendant.

J. Kevin Leary, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GOODMAN, & ARMSTRONG, JJ.


GOODMAN, J.

The defendant appeals (G.L.c. 278, §§ 33A-33G) from convictions on two indictments, one charging that he entered a dwelling house being armed and while therein committed an assault with intent to rob, and one charging him with robbery while armed. We summarize the evidence and procedure as they bear on the defendant's assignments of error.

On April 11, 1974, at about noontime, Joseph...

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