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COMMONWEALTH v. DAVIS

No. 06-P-1461.

70 Mass. App. Ct. 314 (2007)

COMMONWEALTH v. MARK DAVIS.

Appeals Court of Massachusetts, Middlesex.

September 28, 2007.

Attorney(s) appearing for the Case

Theodore F. Riordan (Deborah Bates Riordan with him) for the defendant.

Cara L. Krysil, Assistant District Attorney, for the Commonwealth.

Present: Trainor, Dreben, & Katzmann, JJ.

DREBEN, J.

The question raised by the defendant's appeal is whether his conviction of unarmed robbery on an indictment charging him with masked armed robbery1 can be sustained Fwhere the victim feared for a third person, not himself, and where the defendant did not assault the third person. We affirm the conviction.

Viewed in the light most favorable to the Commonwealth, see Commonwealth v. Latimore,

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