Commonwealth v. Early

The two defendants, Early and Fuller, were tried to a jury, subject to G. L. c. 278, §§ 33A-33G, under two indictments charging each with unarmed robbery. Both defendants were found guilty. The cases come here on their appeals with one assignment of error. The error assigned is the denial of the defendants’ motion for a mistrial, which occurred in these circumstances. One Denommee, a police officer of the city of Lowell who had investigated the case, was called as a witness by the Commonwealth and testified with respect to the arrest of the defendants. On cross-examination by counsel…