COMMONWEALTH v. HICKS


17 Mass. App. Ct. 574 (1984)

460 N.E.2d 1053

COMMONWEALTH vs. DARRYL HICKS.

Appeals Court of Massachusetts, Suffolk.

March 6, 1984.


Attorney(s) appearing for the Case

Michael J. Traft, Assistant District Attorney (Robin A. Pearl, Legal Assistant to the District Attorney, & Francis X. Collins, Assistant District Attorney, with him) for the Commonwealth.

Barry P. Wilson for the defendant.

Present: ARMSTRONG, CUTTER, & SMITH, JJ.


ARMSTRONG, J.

The Commonwealth appeals from a pretrial ruling allowing the defendant's motion to suppress a robbery victim's out-of-court and in-court identifications of the defendant as one of the two men who perpetrated the robbery. The circumstances were these. At 8:00 P.M. on October 7, 1981, the victim, an employee of Boston City Hospital, got out of work and, because he lacked train fare, proceeded to walk towards his home in the South End some distance away...

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