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COMMONWEALTH v. APPLEBY

380 Mass. 296 (1980)

402 N.E.2d 1051

COMMONWEALTH vs. KENNETH A. APPLEBY.

Supreme Judicial Court of Massachusetts, Hampden.

April 1, 1980.

Attorney(s) appearing for the Case

John P. Ward for the defendant.

Dianne M. Dillon, Special Assistant District Attorney, for the Commonwealth.

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

QUIRICO, J.

On November 22, 1978, a Superior Court jury convicted Kenneth A. Appleby of assault and battery with a dangerous weapon, to wit: a riding crop. G.L.c. 265, § 15A.1 The judge sentenced Appleby to eight to ten years in the Massachusetts Correctional Institution at Walpole. Appleby appealed pursuant to G.L.c. 278, §§ 33A-33G, and we granted his petition for direct appellate review. He alleges error in (1) the judge...

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