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COMMONWEALTH v. AVERY

12 Mass. App. Ct. 97 (1981)

421 N.E.2d 787

COMMONWEALTH vs. DOUGLAS AVERY.

Appeals Court of Massachusetts, Hampden.

June 16, 1981.

Attorney(s) appearing for the Case

Murray Shulman for the defendant.

Dianne M. Dillon, Assistant District Attorney, for the Commonwealth.

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

SMITH, J.

The defendant, among others, was the subject of four indictments: two for rape, one for assault and battery by means of a dangerous weapon, and one for assault and battery. The indictments involved the same victim. Before the trial in the Superior Court, the defendant filed a motion to suppress (1) pretrial identifications consisting of (a) his identification by the victim as a result of a photographic array...

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