COMMONWEALTH v. POMERLEAU


10 Mass. App. Ct. 208 (1980)

406 N.E.2d 430

COMMONWEALTH vs. ROGER A. POMERLEAU.

Appeals Court of Massachusetts, Middlesex.

July 3, 1980.


Attorney(s) appearing for the Case

Ellen A. Howard for the defendant.

Robert M. Raciti, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GREANEY, & DREBEN, JJ.


HALE, C.J.

The defendant was convicted after a jury trial on an indictment charging armed robbery. He claims error in the judge's use of two examples in his charge to explain reasonable doubt and in his failure to strike certain testimony of a police officer alluding to the defendant's arrest "on a warrant for a previous offense."

There was evidence before the jury that on November 17, 1978, at about 8:00 P.M. a robbery occurred at a fast food restaurant in...

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