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COMMONWEALTH v. HICKS

377 Mass. 1 (1979)

384 N.E.2d 1206

COMMONWEALTH vs. WAYNE S. HICKS & others (and two companion cases).

Supreme Judicial Court of Massachusetts, Essex.

January 2, 1979.

Attorney(s) appearing for the Case

Steven J. Rappaport for Wayne S. Hicks.

Charles F. Dalton, Jr., for Joseph Marshall, Jr.

Harvey Brower for Perley J. Witham.

Patrick J. Riley, Assistant District Attorney (Michael T. Stella, Jr., Assistant District Attorney, with him), for the Commonwealth.

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

BRAUCHER, J.

Convicted of murder in the first degree, robbery, and confining or putting in fear for the purpose of stealing, the three defendants appeal pursuant to G.L.c. 278, §§ 33A-33G. In twenty-four days of trial they claimed 254 exceptions, and they assigned 217 errors but argued only ten. We treat the assignments of error not argued as waived. S.J.C. Rule 1:13, as amended, 366 Mass. 853 (1974). Commonwealth v. Horton,

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