COMMONWEALTH v. TIRRELL


382 Mass. 502 (1981)

416 N.E.2d 1357

COMMONWEALTH vs. HERBERT H. TIRRELL.

Supreme Judicial Court of Massachusetts, Franklin.

February 11, 1981.


Attorney(s) appearing for the Case

Stephen R. Kaplan, Assistant District Attorney, for the Commonwealth.

Thomas T. Merrigan for the defendant.

Peter W. Agnes, Jr., Assistant District Attorney, for the Attorney General & various district attorneys, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.


LIACOS, J.

About midnight of January 23, 1979, the defendant and Carl Longo drove in Longo's car to a doctor's office in Greenfield where the defendant broke into the office, looked for money, but finding none, left. After driving around Greenfield, the two broke into the local welfare office. While the defendant made a long distance telephone call, Longo rifled through desk drawers in another room, and removed food stamp...

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