Commonwealth v. Cox

The defendants were tried by a jury and convicted in the Superior Court of armed assault with intent to murder and three related crimes. The defendants claim error in the denial of their motions to suppress separate, one to one identifications of them by the victim while the latter was in the intensive care unit of a hospital, having been wounded in the assault, and in the judge’s failure to suppress subsequent in-court identifications of the defendants at trial. Prior to the hospital identifications the victim had made photographic identifications of each defendant in circumstances which the…