COMMONWEALTH v. FRANK


357 Mass. 250 (1970)

257 N.E.2d 919

COMMONWEALTH vs. THOMAS M. FRANK.

Supreme Judicial Court of Massachusetts, Middlesex.

April 10, 1970.


Attorney(s) appearing for the Case

Stephen Axelrad (Reuben Goodman with him) for the defendant.

Frank A. Marciello, Jr., Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.


REARDON, J.

The sole issue in this appeal deals with the admission by the trial judge in evidence of an in-court identification of the defendant, Thomas M. Frank, who was tried in company with Lester Frank (separately indicted) for armed robbery. That issue and the facts are best set forth by reference to the trial judge's findings of fact on the defendant's and Lester Frank's motion to suppress evidence of their identification...

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