COMMONWEALTH v. DAVIS


380 Mass. 1 (1980)

401 N.E.2d 811

COMMONWEALTH vs. DELMONT F. DAVIS.

Supreme Judicial Court of Massachusetts, Middlesex.

March 4, 1980.


Attorney(s) appearing for the Case

John C. McBride for the defendant.

Robert M. Raciti, Assistant District Attorney, for the Commonwealth.

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


KAPLAN, J.

About 8 P.M., March 20, 1974, the defendant entered Sam's Variety Store on Salem Street in Medford. Present were Nathan Cohen, the proprietor, and Marie Morelli, a customer. The defendant, armed, said, "This is a holdup, I want all the money." Instantly Cohen took a revolver from under the counter, behind which he was standing, and fired. The defendant returned the fire, then fled, shattering the glass of the front door.1 In...

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