Commonwealth v. Garrett

The defendant appeals (G. L. c. 278, §§ 33A-33G) from his conviction of armed robbery while masked (G. L. c. 265, § 17). The sole question before us is the effect of the judge’s instructions to the jury regarding the alibi evidence introduced by the defendant. The defendant argues that the judge’s characterization of alibi as a defense on three occasions improperly shifted the burden of proof as to the alibi onto the defendant. See Commonwealth v. McLeod, 367 Mass. 500, 502 (1975); Commonwealth v. Cobb, 5 Mass. App. Ct. 421, 423-424 (1977); Commonwealth v. Palmarin, 6 Mass. App. Ct. 801,…