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COMMONWEALTH v. FURTICK

386 Mass. 477 (1982)

436 N.E.2d 396

COMMONWEALTH vs. STEPHEN R. FURTICK.

Supreme Judicial Court of Massachusetts, Suffolk.

June 9, 1982.

Attorney(s) appearing for the Case

William J. Leahy for the defendant.

Michael J. Traft, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.

WILKINS, J.

The defendant was convicted of an armed robbery committed on December 20, 1978, at a clothing store in the Roxbury section of Boston. The conviction was affirmed by the Appeals Court. Commonwealth v. Furtick, 12 Mass.App.Ct. 944 (1981). We granted the defendant's application for further appellate review. We reverse the conviction because the judge failed to strike evidence of an asserted pretrial...

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