COMMONWEALTH v. FITZGERALD


376 Mass. 402 (1978)

381 N.E.2d 123

COMMONWEALTH vs. ROBERT FITZGERALD (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

September 20, 1978.


Attorney(s) appearing for the Case

Margaret Hayman for Joseph Chisholm.

Judith H. Mizner for Robert Fitzgerald.

John A. Kiernan, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, LIACOS, & ABRAMS, JJ.


ABRAMS, J.

After a jury trial, the defendants, Robert Fitzgerald and Joseph Chisholm, were convicted on indictments charging armed assault in a dwelling house with intent to commit a felony. G.L.c. 265, § 18A. They appeal their convictions pursuant to G.L.c. 278, §§ 33A-33G. Both defendants challenge the denial of their motions for directed verdicts on the ground that there was insufficient evidence to establish identity, and both contend that the prosecutor...

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