COMMONWEALTH v. FUNDERBERG


374 Mass. 577 (1978)

373 N.E.2d 963

COMMONWEALTH vs. JERRY FUNDERBERG (and four companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

March 6, 1978.


Attorney(s) appearing for the Case

Martin K. Leppo for Raymond Gaines.

Michael R. Pizziferri (Joseph A. Todisco with him) for Jerry Funderberg.

Robert J. McKenna, Jr., Assistant District Attorney (Michael J. Traft, Special Assistant District Attorney, with him) for the Commonwealth.

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


BRAUCHER, J.

The two defendants were convicted of murder in the first degree and armed robbery, and the defendant Funderberg was convicted of unlawful possession of a handgun. They appeal. The defendant Gaines assigns error in the denial of his repeated requests for a continuance, both defendants assign error with respect to photographic identifications, and the defendant Funderberg assigns additional errors with respect to the exclusion of evidence and instructions...

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