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COMMONWEALTH v. CAPPELLANO

17 Mass. App. Ct. 272 (1983)

457 N.E.2d 1121

COMMONWEALTH vs. JAMES CAPPELLANO.

Appeals Court of Massachusetts, Suffolk.

December 20, 1983.

Attorney(s) appearing for the Case

John J. Barter (Andrew Good with him) for the defendant.

Ellen M. Donahue, Assistant District Attorney (John V. Mahoney, Assistant District Attorney with her) for the Commonwealth.

Present: GRANT, CUTTER, & DREBEN, JJ.

CUTTER, J.

Cappellano was found guilty on nine indictments1 based upon two shooting incidents, one on November 4, 1980, and the other on January 22, 1981. The trial judge denied a motion to sever trial of the indictments based upon the events of January 22, 1981, from the trial of those indictments based upon events taking place on November 4, 1980. Cappellano presents on appeal not only the denial of this severance motion but also issues...

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