Commonwealth v. Donovan

We granted the defendant’s application for further appellate review, following the decision of the Appeals Court affirming his conviction of assault and battery by means of a dangerous weapon. Commonwealth v. Donovan, 17 Mass. App. Ct. 924 (1983). The defendant asks us to consider a single question: whether his Sixth Amendment right to counsel was violated by the admission in evidence of a pretrial corporeal identification made by a witness in the presence of and at the request of a police officer and without notice to counsel. We conclude that, under principles stated in Moore v. Illinois,…