Commonwealth v. West

These are appeals under G. L. c. 278, §§ 33A-33H, from convictions on three indictments charging the defendant, respectively, with armed robbery, assault with intent to murder, and assault and battery by means of a dangerous weapon. The indictments arise out of the robbery of a savings and loan association in Boston on October 10,1968, in which Paul F. Curley, a police officer, was shot twice by the fleeing robber.

We summarize so much of the testimony as is necessary to furnish a background for the questions presented. One Mary J. Burns, a bank teller, testified that at 1 p.m. on October 10 a…