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COMMONWEALTH v. JONES

12 Mass. App. Ct. 489 (1981)

426 N.E.2d 726

COMMONWEALTH vs. HOYT VAN JONES.

Appeals Court of Massachusetts, Middlesex.

October 8, 1981.

Attorney(s) appearing for the Case

William J. Leahy for the defendant.

Kevin J. Ross, Legal Assistant to the District Attorney, for the Commonwealth.

Present: GRANT, PERRETTA, & KASS, JJ.

PERRETTA, J.

The defendant was put to trial on an indictment charging him with unarmed robbery by assault and putting in fear.1 G.L.c. 265, § 19. After closing arguments of counsel, the judge amended the indictment to conform to the evidence of unarmed robbery by force and violence. Mass.R.Crim.P. 4(d), 378 Mass. 849 (1979) ("Upon his own motion or the written motion of either party, a judge may allow amendment of the form of a complaint...

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