Legal Opinion

Commonwealth v. Smith

Massachusetts Appeals Court

Decided October 24, 1990No. 89-P-381 & 90-P-170PublishedCited by 18 opinions

1Opinion of the CourtKass, J.

Timothy Smith was convicted by a jury of armed robbery, assault with a dangerous weapon, and stealing by confining. Of eight points which he raises on appeal, we concentrate discussion on two: 1) whether it was unfairly prejudicial to the defendant to have received in evidence the photographic array from which eyewitnesses to the crime had picked his picture; and 2) whether the defendant was entitled to an evidentiary hearing, when he moved for a new trial at which he proposed to produce newly obtained alibi witnesses. We affirm.

On March 27, 1986, two men held up a Burger King restaurant in…

2Cases cited25 opinions

  1. Commonwealth v. FreemanMassachusetts Supreme Judicial Court · 1967
  2. Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 1979
  3. Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1976
  4. Commonwealth v. StewartMassachusetts Supreme Judicial Court · 1981
  5. James Nealy v. Donald A. Cabana, Superintendent of Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1985

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3Cited by18 opinions

  1. Commonwealth v. CohenMassachusetts Supreme Judicial Court · 1992
  2. Commonwealth v. CruzMassachusetts Supreme Judicial Court · 2005
  3. Commonwealth v. AustinMassachusetts Supreme Judicial Court · 1995
  4. Commonwealth v. McAfeeMassachusetts Supreme Judicial Court · 1999
  5. Commonwealth v. VardinskiMassachusetts Supreme Judicial Court · 2003

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