Commonwealth v. Irving

Following jury trial, the defendant was convicted as a joint venturer of masked armed robbery and assault by means of a dangerous weapon. On appeal, he claims that the trial judge erred (1) in admitting statements made by one co*286venturer to another that inculpated the defendant; (2) in denying his motion in limine to exclude evidence concerning the defendant’s prior bad acts, including the sale and use of narcotics; and (3) in denying a motion for a required finding of not guilty on so much of the indictment as alleged assault by means of a dangerous weapon.1 He also claims error in the…