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COMMONWEALTH v. MARKS

12 Mass. App. Ct. 511 (1981)

426 N.E.2d 1172

COMMONWEALTH vs. ROBERT MARKS (and three companion cases).

Appeals Court of Massachusetts, Hampden.

October 16, 1981.

Attorney(s) appearing for the Case

Roy H. Anderson for Josh Marks.

Howard S. Sasson for Robert Marks.

William T. Walsh, Jr., Assistant District Attorney, for the Commonwealth.

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

SMITH, J.

Robert Marks (Robert) and Josh Marks (Josh), brothers, were arrested and convicted by a jury of assault and battery by means of a dangerous weapon and armed assault in a dwelling house. They appeal from their convictions, claiming error in the denials of their suppression motions as to the identification procedures used by the police and the denials of their motions for new trial. The motions for new trial were based upon the loss of two photographic exhibits...

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