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COMMONWEALTH v. D'AGOSTINO

344 Mass. 276 (1962)

182 N.E.2d 133

COMMONWEALTH vs. ANTHONY D'AGOSTINO (and two companion cases between the same parties).

Supreme Judicial Court of Massachusetts, Suffolk.

May 7, 1962.

Attorney(s) appearing for the Case

Walter Powers, Jr., for the defendant.

Lawrence L. Cameron, Assistant District Attorney, (Newman A. Flanagan with him,) for the Commonwealth.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.

SPIEGEL, J.

The defendant was tried on three indictments of the Suffolk County grand jury. Indictment numbered 228 charged the defendant with assault and battery "by means of a certain dangerous weapon, to wit: a sharp instrument, a more particular description of which is ... unknown," upon the person of Leonard Pasco. Indictment numbered 229 charged that the defendant "did commit an assault and battery upon one Adam DiPasquale, by means of a certain dangerous weapon...

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