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COMMONWEALTH v. FOLEY

445 Mass. 1001 (2005)

COMMONWEALTH vs. WILLIAM F. FOLEY, JR.

Supreme Judicial Court of Massachusetts.

August 29, 2005.

Attorney(s) appearing for the Case

Geoffrey DuBosque (Andrew Nebenzahl with him) for the defendant.

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

The defendant was charged with three offenses in a complaint in the Wareham Division of the District Court: (1) assault and battery by means of a dangerous weapon (a shoe); (2) assault and battery by means of a dangerous weapon (a stereo); and (3) assault and battery. The jury convicted him on count three as stated and on counts one and two, of the lesser included offenses of simple assault and battery and simple assault. The defendant appealed and we granted the Commonwealth...

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