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COMMONWEALTH v. KENNEDY

3 Mass. App. Ct. 218 (1975)

326 N.E.2d 20

COMMONWEALTH vs. EARL RIGGS KENNEDY, II (and a companion case).

Appeals Court of Massachusetts, Berkshire.

April 18, 1975.

Attorney(s) appearing for the Case

Susan J. Baronoff for the defendant Kennedy.

Malvine Nathanson for the defendant Wilson.

William W. Teahan, Jr., Special Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., ROSE, KEVILLE, GRANT, & ARMSTRONG, JJ.

ROSE, J.

The defendants were convicted of robbery and have appealed pursuant to the provisions of G.L.c. 278, §§ 33A-33G. The defendant Kennedy questions the findings of independent bases of in-court identifications made by two prosecution witnesses and challenges the exclusion of questions put to the victim on cross-examination. Assignments of error not argued in the defendant's brief are deemed waived. Rule 1:13 of the Appeals Court, 1 Mass.App.Ct. 889...

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