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BURKE v. COMMONWEALTH

373 Mass. 157 (1977)

365 N.E.2d 811

THOMAS F. BURKE vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

July 28, 1977.

Attorney(s) appearing for the Case

Richard K. Donahue for the plaintiff.

James W. Sahakian, Special Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

ABRAMS, J.

Thomas F. Burke (hereinafter called the defendant), asks this court to exercise its extraordinary powers under G.L.c. 211, § 3. The case was originally submitted on the basis of pleadings and a statement of agreed facts to a single justice of this court who reserved and reported it without decision.

We review the facts as agreed to by the parties. On November 16, 1974, the defendant was arrested on...

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