COMMONWEALTH v. GRAZIANO


368 Mass. 325 (1975)

331 N.E.2d 808

COMMONWEALTH vs. EUGENE GRAZIANO (and a companion case).

Supreme Judicial Court of Massachusetts, Hampden.

July 19, 1975.


Attorney(s) appearing for the Case

Robert M. Santaniello (Jay M. Forgotson with him) for the defendant Graziano.

Efrem A. Gordon for the defendant Facente.

John T. McDonough, Assistant District Attorney (Daniel E. O'Malley with him) for the Commonwealth.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

Each of the two defendants appeals from convictions of armed robbery and murder in the second degree. G.L.c. 278, §§ 33A-33G. We reverse the convictions and order a new trial because of error in restricting the defendants' cross-examination of the principal prosecution witness. We also disapprove references, in the prosecutor's summation to the jury, to the ethnic origin of the defendants and some of their witnesses.

The victim, William...

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