COMMONWEALTH v. DAVIS


7 Mass. App. Ct. 9 (1979)

385 N.E.2d 278

COMMONWEALTH vs. LORENZO DAVIS.

Appeals Court of Massachusetts, Suffolk.

January 25, 1979.


Attorney(s) appearing for the Case

Brownlow M. Speer for the defendant.

Willie Ivory Carpenter, Jr., Assistant District Attorney, for the Commonwealth.

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


HALE, C.J.

The defendant was tried by a jury and convicted of unarmed robbery (G.L.c. 265, § 19) of seventeen dollars from the person of one Richard Lento. He has assigned as error the refusal of the judge to direct a verdict of not guilty on so much of the indictment as charged assault with intent to rob and robbery, on the ground that the Commonwealth's evidence disclosed, at most, larceny from the person.1

The jury heard...

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