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COMMONWEALTH v. KLEIN

372 Mass. 823 (1977)

363 N.E.2d 1313

COMMONWEALTH vs. EDWARD KLEIN.

Supreme Judicial Court of Massachusetts, Hampden.

June 22, 1977.

Attorney(s) appearing for the Case

Frederick S. Pillsbury for the defendant.

L. Jeffrey Meehan, Special Assistant District Attorney, for the Commonwealth.

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

HENNESSEY, C.J.

The defendant, a dentist residing in Springfield, was found guilty by a jury of charges in two indictments. One indictment charged him with assault and battery by means of a dangerous weapon (a firearm) on Napoleon J. LaDue; the other indictment charged the same offense against John Savageau. G.L.c. 265, § 15A. Both offenses were alleged to have occurred on August 1, 1973. It is undisputed that the defendant shot and

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