COMMONWEALTH v. RODRIGUEZ


378 Mass. 296 (1979)

391 N.E.2d 889

COMMONWEALTH vs. JOSE RODRIGUEZ.

Supreme Judicial Court of Massachusetts, Norfolk.

June 21, 1979.


Attorney(s) appearing for the Case

Eric D. Blumenson for the defendant.

Charles J. Hely, Assistant District Attorney (Sydney Hanlon, Assistant District Attorney, with him) for the Commonwealth.

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


HENNESSEY, C.J.

The defendant was convicted by a Superior Court jury of assault and battery with a dangerous weapon and forcible rape. Prior to trial, the defendant moved to suppress certain evidence on the ground that it was obtained during an illegal search and seizure. He also moved to suppress both in-court and out-of-court identifications of himself by the victim on the ground that the pretrial identification procedures were unnecessarily suggestive. At the close...

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