COMMONWEALTH v. NEWELL

No. 99-P-1564.

55 Mass. App. Ct. 119 (2002)

COMMONWEALTH v. ROBERT G. NEWELL.

Court of Appeals of Massachusetts, Plymouth.

June 11, 2002.


Attorney(s) appearing for the Case

Maxine Sushelsky for the defendant.

Christina L. Crowley, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, SMITH. & MASON. JJ.


SMITH, J.

A Superior Court jury convicted the defendant of armed robbery and assault and battery by means of a dangerous weapon. On appeal, the defendant claims that the trial judge committed error by (1) allowing in evidence the victim's hearsay statement pursuant to the spontaneous utterance exception, (2) denying the defendant's motion for a required finding of not guilty, and (3) failing to instruct properly the jury in regard to circumstantial evidence. The defendant...

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