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COMMONWEALTH v. POWELL

10 Mass. App. Ct. 57 (1980)

405 N.E.2d 991

COMMONWEALTH vs. JOSEPH L. POWELL.

Appeals Court of Massachusetts, Suffolk.

June 20, 1980.

Attorney(s) appearing for the Case

John F. Palmer for the defendant.

Michael J. Traft, Assistant District Attorney, for the Commonwealth.

Present: BROWN, GREANEY, & PERRETTA, JJ.

BROWN, J.

The defendant was indicted for larceny (two indictments), rape, armed burglary, and assault by means of a dangerous weapon arising out of an incident which occurred on May 7, 1977, and for breaking and entering a dwelling house with intent to commit a felony, arming himself therein, and making an assault during the nighttime (see G.L.c. 266, § 14), arising out of an incident which occurred on June 29...

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