Commonwealth v. Petetabella

Macdonald, D. Lloyd, J.

Before the Court is the defendant John Petetabella’s amended motion for a new trial in connection with his 1964 conviction for first degree murder, assault and battery with a dangerous weapon and five counts of armed robbery. The issues were extensively briefed, and a hearing was held. The Court DENIES the motion for the reasons that follow.

I. Pertinent Facts

On December 22, 1963, the defendant and Joseph Robideau (“Robideau”) robbed a Fall River grocery store at gunpoint. (Because the defendant testified at trial and admitted — -with exceptions to be noted — to the…