COMMONWEALTH v. BLANEY


12 Mass. App. Ct. 730 (1981)

428 N.E.2d 370

COMMONWEALTH vs. STEPHEN F. BLANEY, JR.

Appeals Court of Massachusetts, Norfolk.

December 7, 1981.


Attorney(s) appearing for the Case

John P. Courtney for the defendant.

Charles J. Hely, Assistant District Attorney (E. David Levy, Assistant District Attorney, with him) for the Commonwealth.

Present: GRANT, PERRETTA, & KASS, JJ.


PERRETTA, J.

The only real issue in contention at the defendant's trial on an indictment charging him with armed robbery, G.L.c. 265, § 17, was whether he had been misidentified by the victim. Because a double-pose, frontal and profile views, photograph of the defendant was introduced in evidence without being severed when it was reasonably possible to separate the pictures, we reverse the judgment.

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