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COMMONWEALTH v. KELLEY

370 Mass. 147 (1976)

346 N.E.2d 368

COMMONWEALTH vs. KEVIN KELLEY.

Supreme Judicial Court of Massachusetts, Middlesex.

April 15, 1976.

Attorney(s) appearing for the Case

Francis C. Newton, Jr., for the defendant.

Robert M. Buchanan, Legal Assistant to the District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.

HENNESSEY, C.J.

The defendant was convicted of the crimes of breaking and entering in the daytime, and larceny of less than $100, after trial by jury in a District Court. The defendant was sentenced to serve three months in a house of correction as to each conviction, with the sentences to be served concurrently. The judge entered an order staying execution of the sentences pending appeal. The appeal is before us on the...

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