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COMMONWEALTH v. BURKE

20 Mass. App. Ct. 489 (1985)

481 N.E.2d 494

COMMONWEALTH vs. DANIEL J. BURKE (and a companion case).

Appeals Court of Massachusetts, Essex.

August 6, 1985.

Attorney(s) appearing for the Case

Daniel E. Callahan, Committee for Public Counsel Services, for Paul C. Gaudet.

Earle C. Cooley (Thomas G. Guiney with him) for Daniel J. Burke.

Dyanne Klein Polatin, Assistant District Attorney (Robert N. Weiner, Assistant District Attorney, with her) for the Commonwealth.

Present: SMITH, CUTTER, & FINE, JJ.

SMITH, J.

On January 27, 1981, an Essex County grand jury returned indictments containing three counts against each of the defendants, Daniel J. Burke and Paul C. Gaudet. Count one in each indictment alleged that between July 1, 1973, and January 28, 1975, each defendant, along with the other defendant and with Daniel J. Shields, William F. Harding, Jerry J. Campana, and Adek Apfelbaum,2

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