COMMONWEALTH v. ROBERTS


407 Mass. 731 (1990)

555 N.E.2d 588

COMMONWEALTH vs. DANIEL R. ROBERTS.

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1990.


Attorney(s) appearing for the Case

Dana A. Curhan for the defendant.

Thomas J. Mundy, Jr., Assistant District Attorney (Laura J. Burnham, Assistant District Attorney, with him) for the Commonwealth.

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


ABRAMS, J.

The defendant, Daniel R. Roberts, appeals from convictions of murder in the first degree, and armed robbery. The defendant alleges error in (1) the denial of his motion to suppress; (2) the judge's evidentiary rulings; and (3) the judge's failure to give an instruction on larceny. The defendant also asks that we exercise our power under G.L.c. 278, § 33E, and reduce the verdict to a lesser degree of guilt. We affirm the convictions. We decline to exercise...

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