COMMONWEALTH v. DENAULT


362 Mass. 564 (1972)

289 N.E.2d 863

COMMONWEALTH vs. JOSEPH E. DENAULT.

Supreme Judicial Court of Massachusetts, Worcester.

November 6, 1972.


Attorney(s) appearing for the Case

Klari Neuwelt, for the defendant, submitted a brief.

John M. O'Connor, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & KAPLAN, JJ.


KAPLAN, J.

The defendant Denault, convicted after a trial under G.L.c. 278, §§ 33A-33G, on an indictment with charges of breaking and entering a dwelling house at night with intent to commit larceny, and of committing the larceny of a purse and its contents, seeks reversal on grounds stemming from the admission of evidence regarding his identification by the victim of the burglary, a Mrs. Bates-Gee.

While in bed in her first floor apartment at 40...

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