Commonwealth v. Benoit

The defendant, Richard C. Benoit, was tried before a jury and convicted of murder in the first degree and armed robbery. He was sentenced to serve two concurrent terms of life imprisonment. He appeals from these convictions pursuant to G. L. c. 278, §§ 33A-33G, and claims error on a number of grounds. We agree with the defendant’s contention that the trial judge improperly denied his motion to suppress certain physical evidence, and that the admission of such evidence was not harmless error. We reverse and order a new trial.

We summarize the facts. On November 13, 1978, the body of Mary…