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COMMONWEALTH v. ALLEN

379 Mass. 564 (1980)

400 N.E.2d 229

COMMONWEALTH vs. MAX J. ALLEN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 23, 1980.

Attorney(s) appearing for the Case

Richard A. Gargiulo for Michael R. Cappiello.

Ronald F. Kehoe (Barbara Bruce Williams with him) for Max J. Allen.

Albert L. Hutton, Jr., for Martin Koplow.

Paul W. Shaw, Assistant Attorney General, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.

QUIRICO, J.

On October 13, 1977, two indictments were returned against Max J. Allen, Michael R. Cappiello, Martin Koplow and George Lincoln, each charging them with conspiring to commit a crime involving a building at 50 Symphony Road in Boston. One indictment charged them with conspiring to cause the building to be burned, and the other with conspiring to cause the building to be burned with intent to defraud and injure the insurer thereof, both indictments alleging...

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