Commonwealth v. Smith
Massachusetts Appeals Court
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
- Commonwealth v. FreemanMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1976
- Commonwealth v. StewartMassachusetts Supreme Judicial Court · 1981
- 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
- Commonwealth v. CohenMassachusetts Supreme Judicial Court · 1992
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- Commonwealth v. AustinMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. McAfeeMassachusetts Supreme Judicial Court · 1999
- Commonwealth v. VardinskiMassachusetts Supreme Judicial Court · 2003
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