COMMONWEALTH v. MacMILLAN


5 Mass. App. Ct. 314 (1977)

362 N.E.2d 929

COMMONWEALTH vs. ROBERT A. MacMILLAN.

Appeals Court of Massachusetts, Essex.

May 12, 1977.


Attorney(s) appearing for the Case

Sandra Wischow (Thomas Hoffman with her) for the defendant.

Mark A. McComiskey, Jr., Assistant District Attorney, for the Commonwealth.

Present: KEVILLE, ARMSTRONG, & BROWN, JJ.


BROWN, J.

The defendant and one Anderson were indicted, jointly tried, and convicted of armed robbery and larceny of a motor vehicle. The defendant appeals from the conviction of armed robbery pursuant to G.L.c. 278, §§ 33A-33G.1 The defendant moved before trial to suppress out-of-court and anticipated in-court identifications of him by a witness, one Richard Osgood. After a lengthy voir dire the judge made rulings based on detailed...

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