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COMMONWEALTH v. ROSADO

428 Mass. 76 (1998)

COMMONWEALTH v. FRANK ROSADO.

Supreme Judicial Court of Massachusetts, Hampden.

July 23, 1998.

Attorney(s) appearing for the Case

Deborah Ahlstrom, Assistant District Attorney, for the Commonwealth.

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

Present (Sitting at Pittsfield): WILKINS, C.J., ABRAMS, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

FRIED, J.

The defendant was convicted of an attempt to break and enter in the daytime and possession of burglarious implements. The Appeals Court reversed the convictions, Commonwealth v. Rosado, 43 Mass.App.Ct. 381 (1997), finding error in the judge's refusal to give an instruction on the possibility of a witness making a "good faith error" in identifying the defendant as the burglar. See Commonwealth...

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