COMMONWEALTH v. CAVANAUGH


7 Mass. App. Ct. 33 (1979)

385 N.E.2d 1006

COMMONWEALTH vs. PATRICK J. CAVANAUGH.

Appeals Court of Massachusetts, Berkshire.

February 13, 1979.


Attorney(s) appearing for the Case

David O. Burbank for the defendant.

William T. Walsh, Jr., Special Assistant District Attorney, for the Commonwealth.

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


GOODMAN, J.

The defendant appeals (G.L.c. 278, §§ 33A-33G) from a conviction on an indictment charging that on November 15, 1975, he "by force and violence, did rob and steal from the person of ... a purse containing ... money, all of the value of less than one hundred dollars." The defendant makes three contentions.

1. Records of conviction. After a jury was empanelled and before any further proceedings, the trial judge heard

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