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COMMONWEALTH v. WATERS

No. 88-P-330.

27 Mass. App. Ct. 64 (1989)

534 N.E.2d 802

COMMONWEALTH vs. PHILLIP D. WATERS.

Appeals Court of Massachusetts, Suffolk.

February 28, 1989.

Attorney(s) appearing for the Case

John F. Palmer for the defendant.

Deborah E. Breen, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., KAPLAN, & WARNER, JJ.

KAPLAN, J.

The defendant Phillip Waters, appealing from judgments of conviction on one indictment for arson (G.L.c. 266, § 1) and seven indictments for assault with intent to murder naming individual victims (G.L.c. 265, § 15), contends that (1) the latter charges were inapposite and in one respect unproved; (2) identification testimony by a police officer, one Dino Gonzalez, should have been suppressed...

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