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COMMONWEALTH v. ALLEN

378 Mass. 489 (1979)

392 N.E.2d 1027

COMMONWEALTH vs. MAX J. ALLEN & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

July 20, 1979.

Attorney(s) appearing for the Case

Paul W. Shaw, Assistant Attorney General, for the Commonwealth.

Richard A. Gargiulo for Michael R. Cappiello.

Ronald F. Kehoe (Barbara Bruce Williams with him) for Max J. Allen.

Albert L. Hutton, Jr., for Martin Koplow.

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

BRAUCHER, J.

A single justice of this court has allowed the joint motion of the defendants under G.L.c. 279, § 4, for stay of execution of sentences pending appeal, and on the Commonwealth's motion has reported to the full court questions of law raised by his decisions. G.L.c. 211, §§ 5, 6. We uphold those decisions. We also review the procedure to be followed in such cases. Cf. Commesso v. Commonwealth, 369 Mass. 368...

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