COMMONWEALTH v. FITZPATRICK


18 Mass. App. Ct. 106 (1984)

463 N.E.2d 571

COMMONWEALTH vs. JAMES FITZPATRICK.

Appeals Court of Massachusetts, Suffolk.

May 4, 1984.


Attorney(s) appearing for the Case

Brownlow M. Speer for the defendant.

David B. Mark, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., ROSE, & BROWN, JJ.


GREANEY, C.J.

The defendant was convicted of robbery by a jury in the Superior Court. On appeal, he argues that the judge erred (1) in declining to answer a question posed by the jury during their deliberations which asked for certain testimony to be read or summarized and (2) in refusing to omit a word contained in the instructions for the evaluation of identification testimony recommended in Commonwealth v. Rodriguez, 378 Mass. 296...

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