Commonwealth v. Burkett

1. We do not consider the defendant’s present contention that the judge should have excluded the in-court identification of him by the witness Jones on the ground that that witness had, at the request of the police, participated in a pretrial photographic identification of the defendant at a time when the defendant was already in custody and available for a corporeal lineup; the record (especially the transcript of the pretrial hearing on the defendant’s motion to suppress) is quite clear that no such question was raised or passed on below. Compare Commonwealth v. Proctor, 355 Mass. 504, 506…