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COMMONWEALTH v. KOSTKA

370 Mass. 516 (1976)

350 N.E.2d 444

COMMONWEALTH vs. PAUL H. KOSTKA.

Supreme Judicial Court of Massachusetts, Middlesex.

June 23, 1976.

Attorney(s) appearing for the Case

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

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

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

HENNESSEY, C.J.

Kostka was found guilty of murder in the first degree, armed robbery, and two counts of assault with a dangerous weapon. His appeal is before us pursuant to G.L.c. 278, §§ 33A-33G.

On appeal, Kostka presents the following as error: (1) the trial judge's finding that he was competent to stand trial; (2) the trial judge's allowance of testimony of an out-of-court identification and an in-court identification by a Mrs. Eunice Silverman...

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