Massachusetts Supreme Judicial Court March 4, 1980 (Commonwealth v. Davis)

Kaplan, J.

About 8 p.m., March 20,1974, the defendant entered Sam’s Variety Store on Salem Street in Medford. Present were Nathan Cohen, the proprietor, and Marie Morelli, a customer. The defendant, armed, said, “This is a holdup, I want all the money.” Instantly Cohen took a revolver from under the counter, behind which he was standing, and fired.