Commonwealth v. Gee

Two employees of Weylu’s Restaurant in Brockton selected the defendant’s picture from an array of twenty-two photographs as being the one depicting the robber who held them at gunpoint and stole the restaurant’s money shortly after closing time on February 29, 1988. The unsevered and unsanitized photographs were admitted in evidence at the defendant’s trial on an indictment charging him with armed robbery. On appeal, the defendant claims that he is entitled to a new trial because the mug shots indicated to the jury that he had a prior criminal record. Concluding that the jury reasonably could…