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COMMONWEALTH v. WHITE

5 Mass. App. Ct. 483 (1977)

363 N.E.2d 1365

COMMONWEALTH vs. SIDNEY WHITE.

Appeals Court of Massachusetts, Suffolk.

June 30, 1977.

Attorney(s) appearing for the Case

Thomas Hoffman for the defendant.

Joseph E. Coffey, Assistant District Attorney (Edward M. Burns with him) for the Commonwealth.

Present: HALE, C.J., GRANT, & BROWN, JJ.

GRANT, J.

The defendant has appealed from his conviction by a jury on an indictment (No. 97-662) under G.L.c. 265, § 17,1 which alleges that on December 29, 1975, the defendant, "being armed with a dangerous weapon, to wit: a rifle, did assault J. Welton Harris, with intent to rob him and thereby did rob and steal from the person of the said ... Harris, money of the amount and of the value in all of seventy-two dollars, of the property...

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