COMMONWEALTH v. SAYA


14 Mass. App. Ct. 509 (1982)

440 N.E.2d 1288

COMMONWEALTH vs. WAYNE SAYA.

Appeals Court of Massachusetts, Norfolk.

October 15, 1982.


Attorney(s) appearing for the Case

Brownlow M. Speer for the defendant.

Charles J. Hely, Assistant District Attorney (Peter M. McElroy, Assistant District Attorney, with him) for the Commonwealth.

Present: BROWN, CUTTER, & DREBEN, JJ.


CUTTER, J.

Saya was convicted as an accessory before the fact to burglary (committed on December 24, 1978) of a house in Medway. He was acquitted on an indictment for burglary (on December 23, 1978) of that house. Upon his appeal from his conviction as accessory, two issues have been argued.

1. Saya objects to the allowance on February 4, 1980, by a Superior Court judge (not the trial judge) of an amendment of a clumsily expressed indictment (returned in March...

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