COMMONWEALTH v. RISE


7 Mass. App. Ct. 106 (1979)

386 N.E.2d 745

COMMONWEALTH vs. IRVING RISE.

Appeals Court of Massachusetts, Suffolk.

February 28, 1979.


Attorney(s) appearing for the Case

John H. Henn (Jacob N. Polatin with him) for the defendant.

Timothy P. O'Neill, Assistant District Attorney, & Mark T. Anastasi, Special Assistant District Attorney, for the Commonwealth.

Present: KEVILLE, ROSE, & GRANT, JJ.


KEVILLE, J.

The defendant was convicted of armed robbery at a trial by jury in the Superior Court. He appeals under G.L.c. 278, §§ 33A-33G. The defendant claims that the judge erred in failing to conduct an evidentiary hearing on his own initiative immediately before trial on the issue of the defendant's competence to stand trial. When the case was first called for trial on March 1, 1976, defense counsel moved for a continuance on the ground of the defendant...

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