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COMMONWEALTH v. SWAHN

5 Mass. App. Ct. 642 (1977)

368 N.E.2d 813

COMMONWEALTH vs. CARL J. SWAHN.

Appeals Court of Massachusetts, Worcester.

October 17, 1977.

Attorney(s) appearing for the Case

Conrad W. Fisher for the defendant.

Daniel F. Toomey, Assistant District Attorney, for the Commonwealth.

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

GRANT, J.

The remaining indictment in this case is laid under the first sentence of G.L.c. 266, § 14,1 and alleges that on February 15, 1976, the defendant, at West Brookfield, "did break and enter in the nighttime the dwelling house of Frank Kretchmer and Bertha Kretchmer with intent to commit a felony, to wit: robbery, Charles Kozlowski being lawfully therein, and after having so broken and entered, did make an actual assault on...

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