Commonwealth v. Higginbotham

The defendant and one John Usher were indicted, jointly tried and convicted by a jury in the Superior Court of armed robbery while masked, and of two counts of assault by means of a dangerous weapon. All of the charges arose out of a robbery of the Bemardston branch of the Pioneer National Bank. The defendant appeals pursuant to G. L. c. 278, §§ 33A-33G. He asserts that the trial judge erred (1) in denying his three pretrial motions to suppress evidence, (2) in ruling on certain evidentiary matters, and (3) in refusing to conduct an evidentiary hearing on his motion to dismiss the grand and…