Commonwealth v. Marini

After a trial centering on the question of identification, a jury found the defendant guilty on three indictments for rape by unnatural sexual intercourse (G. L. c. 265, § 22), and indictments for assault with a dangerous weapon (c. 265, § 15B) and for armed robbery (c. 265, § 17), all arising out of a criminal event on the evening of Wednesday, August 13, 1975. As will be seen, there was substantial evidence pointing to the defendant as the culprit. But as the trial drew to a close the prosecutor was per mitted over repeated objections to conduct a “one-on-one” voice identification in open…