COMMONWEALTH v. EVANS

No. 95-P-1266.

42 Mass. App. Ct. 618 (1997)

COMMONWEALTH v. TROY EVANS.

Court of Appeals of Massachusetts, Hampden.

May 15, 1997.


Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

Marcia B. Julian, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., BROWN, & JACOBS, JJ.


WARNER, C.J.

A Superior Court jury convicted the defendant of breaking and entering the dwelling of another in the daytime with intent to commit a felony therein (G. L. c. 266, § 18) and larceny in a building (G. L. c. 266, § 20). On appeal, the defendant contends (1) that the trial judge erred in failing to give the proper identification instructions to the jury and that defense counsel's failure to request such instructions constituted ineffective assistance...

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