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COMMONWEALTH v. SMITH

12 Mass. App. Ct. 667 (1981)

428 N.E.2d 348

COMMONWEALTH vs. MARVIN M. SMITH.

Appeals Court of Massachusetts, Suffolk.

November 30, 1981.

Attorney(s) appearing for the Case

John F. Donovan for the defendant.

James M. Lynch, Assistant District Attorney (Carol Anne Fagan, Special Assistant District Attorney, with him) for the Commonwealth.

Present: GREANEY, PERRETTA, & KASS, JJ.

GREANEY, J.

Following a jury trial, the defendant was convicted of armed robbery while masked (G.L.c. 265, § 17) and assault and battery by means of a dangerous weapon (G.L.c. 265, § 15A).1 On appeal, he argues error in (1) the denial of his motions for required findings of not guilty (Mass.R.Crim.P. 25, 378 Mass. 896 [1979]); (2) the denial of his pretrial motion to suppress...

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