COMMONWEALTH v. MAGUIRE


375 Mass. 768 (1978)

378 N.E.2d 445

COMMONWEALTH vs. JOHN J. MAGUIRE.

Supreme Judicial Court of Massachusetts, Suffolk.

July 12, 1978.


Attorney(s) appearing for the Case

Thomas Hoffman for the defendant.

Michael J. Traft, Special Assistant District Attorney (Paul A. Mishkin, Special Assistant District Attorney, with him) for the Commonwealth.

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


LIACOS, J.

The grand jury for Suffolk County returned two indictments against the defendant. The first charged him with breaking and entering a dwelling house in the nighttime with intent to commit robbery, and with assault of the two inhabitants while armed with a knife. G.L.c. 266, § 14. The second indictment charged the defendant with armed robbery. G.L.c. 265, § 17. Following a trial in the Superior Court,...

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