COMMONWEALTH v. SEMINARA


20 Mass. App. Ct. 789 (1985)

483 N.E.2d 92

COMMONWEALTH vs. JAMES M. SEMINARA (and a companion case).

Appeals Court of Massachusetts, Berkshire.

September 23, 1985.


Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for James M. Seminara.

Francis X. Spina for Glenn C. Haynes, Jr.

Daniel A. Ford, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KASS, & WARNER, JJ.


KASS, J.

Upon jury verdicts, the defendants were convicted of armed robbery of a pharmacy — Seminara as the holdup man and Haynes as the driver of the get-away car. There was evidence enabling the jury to find as follows.

On August 18, 1983, a man approached a clerk, Cindy Houghtling, said softly to her, "This is a holdup," and pointed to a gun handle protruding from his belt or the waistband of his dungarees. Houghtling bent down behind the counter...

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