Commonwealth v. Charles

The defendant appeals under G. L. c. 278, §§ 33A-33G, from his convictions for assault and battery by means of a dangerous weapon, and breaking and entering in the nighttime with intent to steal.1 1. There was no error in allowing in evidence the out-of-court identification of the defendant by the Commonwealth’s chief witness, one Hurley. This was not a case in which the police had either arranged for or accidently allowed a witness to view a suspect. Neither the police nor Hurley had any expectation that the defendant (who had just been arrested on a completely unrelated charge) would be in…