COMMONWEALTH v. SIMMONS


392 Mass. 45 (1984)

466 N.E.2d 85

COMMONWEALTH vs. JULIUS SIMMONS.

Supreme Judicial Court of Massachusetts, Barnstable.

May 22, 1984.


Attorney(s) appearing for the Case

Brownlow M. Speer (Thomas J. Herbert with him) for the defendant.

Patrick M. Butler, Special Assistant District Attorney, for the Commonwealth.

Present: WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


LYNCH, J.

The defendant was found guilty of rape, armed assault with intent to murder, and assault and battery by means of a dangerous weapon. Shortly before the trial was to begin, the police took the victim to view the defendant's car, which was parked near the driveway of his mother-in-law's house. No search warrant was obtained.

The defendant was previously before this court, arguing that the identification procedure employed was impermissibly suggestive...

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