Commonwealth v. Hardy

The main contention of the defendant in her appeal from convictions of breaking and entering a dwelling in the daytime with intent to commit a felony (G. L. c. 266, § 18),1 unarmed robbery of a person over sixty-five years of age (G. L. c. 265, § 19), and assault and battery (G. L. c. 265, § 13A),2 and from the denial of her motion for a new trial, is that it was *680error for the judge to admit a hearsay statement of the victim who had died just four days after the robbery. His demise was unrelated to the injuries he sustained during the assault. On the first day of trial, the defendant’s trial…