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COMMONWEALTH v. FARRO

6 Mass. App. Ct. 202 (1978)

374 N.E.2d 1226

COMMONWEALTH vs. FRANK C. FARRO.

Appeals Court of Massachusetts, Suffolk.

March 31, 1978.

Attorney(s) appearing for the Case

Edward F. Haber for the defendant.

Joseph S. Ayoub, Jr., Special Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GRANT, & BROWN, JJ.

GRANT, J.

In November, 1975, the defendant was tried in the Superior Court on separate indictments charging him with violations of G.L.c. 265, §§ 171 and 18A.2 The defendant did not testify. During the course of their deliberations the jury sent in the following question: "Can the defendant be found guilty of robbery and assault — and not guilty...

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