COMMONWEALTH v. SIMMONDS


386 Mass. 234 (1982)

434 N.E.2d 1270

COMMONWEALTH vs. MICHAEL SIMMONDS.

Supreme Judicial Court of Massachusetts, Hampden.

May 12, 1982.


Attorney(s) appearing for the Case

Patricia A. O'Neill for the defendant.

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

Present: HENNESSEY, C.J., ABRAMS, NOLAN, & O'CONNOR, JJ.


NOLAN, J.

The defendant was tried to a jury and found guilty of assault with intent to rape (G.L.c. 265, § 24), breaking and entering a dwelling in the nighttime with intent to commit a felony, and making an assault on an occupant therein (G.L.c. 266, § 14). Prior to trial, the trial judge denied the defendant's motion to suppress identifications of him made at a lineup by the victim and a witness to these offenses and a victim of an unrelated offense. The...

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