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COMMONWEALTH v. MARTIN

No. 02-P-974.

63 Mass. App. Ct. 587 (2005)

COMMONWEALTH v. EDWARD B. MARTIN.

Appeals Court of Massachusetts, Barnstable.

May 23, 2005.

Attorney(s) appearing for the Case

Edward J. DeAngelo for the defendant.

J. Thomas Kirkman, Assistant District Attorney, for the Commonwealth.

Present: Perretta, Gelinas, & Trainor, JJ.

TRAINOR, J.

Edward Martin was convicted in 2001 of assault with intent to kidnap, assault with intent to rape, and assault and battery. These charges arose out of a 1994 attack on a fifteen year old girl while she walked home from a beach in Yarmouth. On appeal, the defendant raises several grounds for reversal. He argues that the motion judge should have excluded the complainant's one-on-one identification of the defendant as overly suggestive and the subsequent...

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