COMMONWEALTH v. SMITH


21 Mass. App. Ct. 619 (1986)

489 N.E.2d 203

COMMONWEALTH vs. DAVID SMITH.

Appeals Court of Massachusetts, Suffolk.

February 19, 1986.


Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services (James E. Small, Jr., with him) for the defendant.

Marcy Cass, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KAPLAN, & WARNER, JJ.


KAPLAN, J.

Upon this appeal by the defendant from a judgment of conviction of armed robbery, we summarize the material testimony; then hold there was error, requiring reversal of the judgment, in the handling of a certain photograph of the defendant; and, finally, reject a contention that at a new trial the crime charged must be reduced from armed robbery to larceny from the person.

1. About 2:30 A.M., December...

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