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COMMONWEALTH v. WALTERS

12 Mass. App. Ct. 389 (1981)

425 N.E.2d 382

COMMONWEALTH vs. ERIC WALTERS.

Appeals Court of Massachusetts, Berkshire.

August 28, 1981.

Attorney(s) appearing for the Case

Claudia C. Conway of New York (Andrew T. Campoli with her) for the defendant.

Lee Diane Flournoy, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GREANEY, & SMITH, JJ.

SMITH, J.

As a result of two separate but closely related incidents in Pittsfield on November 1, 1979, the defendant was charged under eight indictments. A jury convicted him of assault and battery by means of a dangerous weapon (a club) upon one David Sinopoli and of wilful and malicious injury to personal property, to wit, a truck, of the value of more than one hundred dollars, the property of Gene Sayers. He was acquitted on six indictments, three that charged...

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