COMMONWEALTH v. DONAHUE


396 Mass. 590 (1986)

487 N.E.2d 1351

COMMONWEALTH vs. MICHAEL DONAHUE.

Supreme Judicial Court of Massachusetts, Berkshire.

January 21, 1986.


Attorney(s) appearing for the Case

David Kelston (Gail Strassfeld with him) for the defendant.

Robert J. Carnes, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.


ABRAMS, J.

On June 25, 1979, three men robbed a branch of the Berkshire Bank and Trust Company in Pittsfield. Following a jury trial, the defendant was found guilty of armed robbery while masked and sentenced to life imprisonment for his participation in the robbery. The defendant timely filed a notice of appeal. Approximately a year after his conviction, the defendant filed a motion for new trial, based on the prosecutor's failure to obtain and produce on request...

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