Commonwealth v. Weaver

The defendant and his brother, Darrell Weaver, were tried before a jury. The defendant was convicted of murder in the first degree, and of unlawfully carrying a firearm, and was sentenced to life imprisonment for the murder and to a term of four to five years for unlawfully carrying the firearm, to be served concurrently. Pursuant to G. L. c. 278, § 33E (1984 ed.), he appeals to this court. He argues that the trial judge erred by (1) allowing testimony concerning a pretrial photographic identification of the defendant; (2) instructing the jury that they could consider a prior inconsistent…