Commonwealth v. Kennedy

The defendants were convicted of robbery and have appealed pursuant to the provisions of G. L. c. 278, §§ 33A-33G. The defendant Kennedy questions the findings of independent bases of in-court identifications made by two prosecution witnesses and challenges the exclusion of questions put to the victim on cross-examination. Assignments of error not argued in the defendant’s brief are deemed waived. Rule 1:13 of the Appeals Court, 1 Mass. App. Ct. 889 (1972). The defendant Wilson raises the question whether, in the circumstances of this case, an in-court identification resulted in a denial of…