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COMMONWEALTH v. LABARE

11 Mass. App. Ct. 370 (1981)

416 N.E.2d 534

COMMONWEALTH vs. ALFRED L. LABARE (and a companion case).

Appeals Court of Massachusetts, Hampshire.

February 13, 1981.

Attorney(s) appearing for the Case

Margaret H. Van Deusen (William J. Leahy with her) for David Tatro.

Robert T. Doyle, Jr., for Alfred L. Labare.

Brian Blackburn (Stephen R. Kaplan, Assistant District Attorney, with him) for the Commonwealth.

Present: HALE, C.J., CUTTER, & KASS, JJ.

CUTTER, J.

Labare and his codefendant Tatro were convicted on indictments charging (1) breaking and entering a dwelling in the nighttime with intent to commit a felony, armed robbery (i.e., armed burglary under G.L.c. 266, § 142); (2) assault and battery by means of a dangerous weapon; and (3) attempted armed robbery and assault while masked. Each of them objected (a) to the failure...

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