COMMONWEALTH v. SMITH

Nos. 89-P-381 & 90-P-170.

29 Mass. App. Ct. 449 (1990)

561 N.E.2d 520

COMMONWEALTH vs. TIMOTHY SMITH.

Appeals Court of Massachusetts, Middlesex.

October 24, 1990.


Attorney(s) appearing for the Case

Joan Lieberman for the defendant.

Richard Birke, Assistant District Attorney, for the Commonwealth.

Present: KASS, KAPLAN, & IRELAND, JJ.


KASS, J.

Timothy Smith was convicted by a jury of armed robbery, assault with a dangerous weapon, and stealing by confining. Of eight points which he raises on appeal, we concentrate discussion on two: 1) whether it was unfairly prejudicial to the defendant to have received in evidence the photographic array from which eyewitnesses to the crime had picked his picture; and 2) whether the defendant was entitled to an evidentiary hearing when he moved for a new trial...

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