Commonwealth v. Marsh

As to the defendant’s motion for a new trial under Mass.R.Crim.P. 25(b)(2), 378 Mass. 896 (1979), we decide that the case should be remanded to the Superior Court so that the trial judge may consider action on that motion as a matter of discretion. Other than that, we are not persuaded by the defendant’s various claims of error. A jury convicted the defendant of armed robbery (G. L. c. 265, § 17) and assault by means of a dangerous weapon (G. L. c. 265, § 15B).

1. Sufficiency of the evidence. Two persons, the store clerk and a customer, witnessed the robbery, which occurred at night at a…