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COMMONWEALTH v. GABBIDON

17 Mass. App. Ct. 525 (1984)

459 N.E.2d 1263

COMMONWEALTH vs. ARNOLD D. GABBIDON.

Appeals Court of Massachusetts, Norfolk.

February 22, 1984.

Attorney(s) appearing for the Case

Barry P. Wilson for the defendant.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, DREBEN, & WARNER, JJ.

PERRETTA, J.

The defendant was tried on indictments charging him with armed assault with intent to murder, assault and battery by means of a dangerous weapon, and unlawfully carrying a firearm. The jury was unable to reach a verdict, and a mistrial was declared. On retrial, the defendant was found guilty of the latter two offenses and so much of the first as charged assault with intent to kill. The primary contention on appeal is that testimony (admitted in evidence...

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