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COMMONWEALTH v. GRACE

381 Mass. 753 (1980)

412 N.E.2d 354

COMMONWEALTH vs. FRANK GRACE (and a companion case).

Supreme Judicial Court of Massachusetts, Bristol.

November 12, 1980.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., for the defendants.

Francis X. Bellotti, Attorney General, Stephen R. Delinsky & Barbara A.H. Smith, Assistant Attorneys General, for the Commonwealth.

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

BRAUCHER, J.

Before the United States Court of Appeals for the First Circuit the defendants claimed that this court, in Commonwealth v. Grace, 376 Mass. 499 (1978), "violated the fourteenth amendment by failing to apply in appellants' case the same rules that were announced in a later case claimed to be essentially indistinguishable," Commonwealth v. Garcia, 379 Mass. 422<...

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