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COMMONWEALTH v. OHANIAN

373 Mass. 839 (1977)

370 N.E.2d 695

COMMONWEALTH vs. CHARLES OHANIAN (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

December 8, 1977.

Attorney(s) appearing for the Case

James Castleman for the defendants.

Peter W. Agnes, Jr., Assistant District Attorney, for the Commonwealth.

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

BRAUCHER, J.

Each of the defendants was convicted on two counts of larceny under G.L.c. 266, § 37,2 for obtaining money by means of checks drawn against insufficient funds. They appealed under G.L.c. 278, §§ 33A-33G, and we transferred the case to this court on our own motion. We hold that there was a fatal variance between the indictments and the proof, and reverse the convictions...

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