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COMMONWEALTH v. RAJOTTE

23 Mass. App. Ct. 93 (1986)

499 N.E.2d 312

COMMONWEALTH vs. THOMAS RAJOTTE.

Appeals Court of Massachusetts, Middlesex.

November 5, 1986.

Attorney(s) appearing for the Case

Maureen B. Brodoff, Committee for Public Counsel Services, for the defendant.

J.W. Carney, Jr., Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., CUTTER, & DREBEN, JJ.

DREBEN, J.

The defendant appeals from his convictions of armed robbery and assault and battery by means of a dangerous weapon.1 He claims he was entitled to a required finding of not guilty on each charge: (1) on the armed robbery charge because the use of force by the defendant, when interrupted by the victim, occurred subsequent to the taking, and because the taking was not "from the...

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