COMMONWEALTH v. AUSTIN


421 Mass. 357 (1995)

COMMONWEALTH vs. THOMAS H. AUSTIN.

Supreme Judicial Court of Massachusetts, Bristol.

November 15, 1995.


Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services, for the defendant.

Elspeth B. Cypher, Assistant District Attorney, for the Commonwealth.

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


GREANEY, J.

A jury in the Superior Court convicted the defendant on an indictment charging him with armed assault with intent to rob. He was acquitted on an indictment charging him with armed assault with intent to murder. The defendant appealed. We granted his application for direct appellate review. He argues three claims of error. First, the defendant contends that his pretrial motion to suppress out-of-court identifications made by two eyewitnesses was improperly...

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