Commonwealth v. Stewart

After a jury trial, the defendant was convicted of assault and battery by means of a dangerous weapon. The offense stemmed from events that occurred on March 18, 2015. Although the defendant raises several issues on appeal, his primary argument is that the judge erroneously permitted two eyewitnesses to make an in-court identification. The defendant claims, contrary to the judge's explicit ruling, that the witnesses had not participated in a prior out-of-court identification procedure and, therefore, the in-court identifications were inadmissible under Commonwealth v. Crayton , 470 Mass. 228…