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COMMONWEALTH v. MERCADO

24 Mass. App. Ct. 391 (1987)

509 N.E.2d 300

COMMONWEALTH vs. ROLANDO MERCADO.

Appeals Court of Massachusetts, Middlesex.

June 26, 1987.

Attorney(s) appearing for the Case

Suzanne Rudalevige for the defendant.

Catherine E. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: GRANT, KAPLAN, & WARNER, JJ.

KAPLAN, J.

Ivan and Rolando Mercado, brothers, stood joint trial on four charges against each: armed assault with intent to murder, mayhem, assault and battery with a dangerous weapon, to wit, a baseball bat, and the same offense with a shod foot, all arising from an incident in Belmont on May 6, 1985. The "intent to murder" charges were reduced by the trial judge to "intent to kill." As to Ivan only, the shod foot charge was dismissed at the close of the Commonwealth...

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