COMMONWEALTH v. BOTELHO


369 Mass. 860 (1976)

343 N.E.2d 876

COMMONWEALTH vs. CARLOS BOTELHO.

Supreme Judicial Court of Massachusetts, Suffolk.

March 5, 1976.


Attorney(s) appearing for the Case

Alan L. Kovacs, Assistant District Attorney, for the Commonwealth.

Paul A. D'Agostino, Jr., for the defendant.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, & WILKINS, JJ.


KAPLAN, J.

The defendant Carlos Botelho is under indictment for the murder in the first degree of Lawrence S. Salvucci. The defendant moved before trial to suppress in-court and out-of-court identifications of him by one Marie Kearney. After an extended hearing, a judge of the Superior Court made findings and allowed the motion. The Commonwealth applied for interlocutory appeal pursuant to G.L.c. 278, § 28E, and leave was granted by a single justice of this court...

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