COMMONWEALTH v. STEWART


422 Mass. 385 (1996)

COMMONWEALTH vs. FRANCIS STEWART.

Supreme Judicial Court of Massachusetts, Middlesex.

April 4, 1996.


Attorney(s) appearing for the Case

M. Page Kelley for the defendant.

Lincoln S. Jalelian, Assistant District Attorney, for the Commonwealth.

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


WILKINS, J.

The defendant, convicted in 1992 of the crimes of armed robbery and assault and battery by means of a dangerous weapon, has appealed from his convictions and from the trial judge's denial of his motion for a new trial. The evidence warranted a finding that, in February, 1991, the defendant robbed a Watertown variety store and "pistol whipped" one of the store's owners. The contested issue at trial was whether the defendant was properly identified as the...

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