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COMMONWEALTH v. FUTCH

Nos. 92-P-409 & 94-P-74.

38 Mass. App. Ct. 174 (1995)

COMMONWEALTH vs. ROBERT FUTCH (and a companion case).

Appeals Court of Massachusetts, Suffolk.

February 27, 1995.

Attorney(s) appearing for the Case

Damon J. Borrelli for Robert Futch.

Richard J. Shea for Gregory Bruce Taylor.

Kenneth H. Anderson, Jane Woodbury & Marcy Cass, Assistant District Attorneys, for the Commonwealth.

Present: BROWN, KAPLAN, PERRETTA, JACOBS, GILLERMAN, & PORADA, JJ.

BROWN, J.

A Superior Court jury convicted the defendants of armed assault in a dwelling house with intent to commit a felony (G.L.c. 265, § 18A), and of armed robbery while masked (G.L.c. 265, § 17). The jury acquitted the defendants on a second count of armed robbery and on an indictment charging assault and battery with a dangerous weapon. On appeal, both defendants claim that their constitutional right...

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