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COMMONWEALTH v. POWELL

433 Mass. 399 (2001)

COMMONWEALTH v. WALTER L. POWELL.

Supreme Judicial Court of Massachusetts, Plymouth.

February 22, 2001.

Attorney(s) appearing for the Case

Bruce Ferg, Committee for Public Counsel Services, for the defendant.

John E. Bradley, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

SOSMAN, J.

The defendant, Walter L. Powell, was convicted of armed robbery (G. L. c. 265, § 17), kidnapping (G. L. c. 265, § 26), and assault and battery (G. L. c. 265, § 13A).1 The defendant claims on appeal that the trial judge erred in denying his motion for a required finding of not guilty as to the armed robbery charge (thereby reducing it to unarmed robbery) on the ground that the object used by the defendant was not...

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