COMMONWEALTH v. TRUONG VO TAM

No. 98-P-2106.

49 Mass. App. Ct. 31 (2000)

COMMONWEALTH v. TRUONG VO TAM (and a companion case).

Court of Appeals of Massachusetts, Suffolk.

March 24, 2000.


Attorney(s) appearing for the Case

Dennis M. Powers for Tu Le.

John A. Amabile for Truong Vo Tam.

Karen A. Palumbo, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, GILLERMAN, & LENK, JJ.


LENK, J.

Truong Vo Tam and Tu Le appeal from the denial of their individual motions to dismiss the indictments charging them with assault and battery by means of a dangerous weapon, to wit, a baseball bat, in violation of G. L. c. 265, § 15A. A jury later found both defendants guilty of the crimes charged. Both defendants argue that the grand jury did not hear sufficient evidence to identify them as the perpetrators.

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