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COMMONWEALTH v. LORETTA

386 Mass. 794 (1982)

438 N.E.2d 56

COMMONWEALTH vs. JOHN F. LORETTA.

Supreme Judicial Court of Massachusetts, Middlesex.

July 20, 1982.

Attorney(s) appearing for the Case

Richard J. Hayes for the defendant.

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

Francis X. Bellotti, Attorney General, Stephen R. Delinsky, Barbara A.H. Smith & Paula J. DeGiacomo, Assistant Attorneys General, for the Attorney General, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.

NOLAN, J.

A jury found the defendant guilty of the crimes of armed assault with intent to murder (G.L.c. 265, § 18), kidnapping (G.L.c. 265, § 26), and assault and battery by means of a dangerous weapon (G.L.c. 265, § 15A). He was found not guilty of armed robbery. He appealed his convictions to the Appeals Court and we transferred the case to this court on our own motion. In his appeal, he presses four issues: (1) a motion presented at oral argument...

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