Commonwealth v. Frank

The sole issue in this appeal deals with the admission by the trial judge in evidence of an in-court identi fication of the defendant, Thomas M. Frank, who was tried in company with Lester Frank (separately indicted) for armed robbery. That issue and the facts are best set forth by reference to the trial judge’s findings of fact on the defendant’s and Lester Frank’s motion to suppress evidence of their identification which were made following a voir dire. They are set forth in full as follows.

“The defendants are charged in these indictments with armed robbery on March 20, 1968, of one Larry…