COMMONWEALTH v. MAIOLI


11 Mass. App. Ct. 179 (1981)

414 N.E.2d 1017

COMMONWEALTH vs. JOSEPH D. MAIOLI.

Appeals Court of Massachusetts, Suffolk.

January 16, 1981.


Attorney(s) appearing for the Case

William J. Leahy for the defendant.

Carol Anne Fagan, Legal Assistant to the District Attorney (Michael J. Traft, Assistant District Attorney, with her) for the Commonwealth.

Present: HALE, C.J., ROSE, & NOLAN, JJ.


HALE, C.J.

The defendant appeals from his convictions on indictments charging armed assault with intent to murder (G.L.c. 265, § 18) and assault and battery by means of a dangerous weapon, a pistol (G.L.c. 265, § 15A), and raises three issues which we discuss seriatim.

We first briefly summarize facts which could have been found by the jury. On the evening of October 24, 1979, James Marcella shot Edward Portelle within an hour after an altercation...

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