COMMONWEALTH v. HOWARD


367 Mass. 569 (1975)

327 N.E.2d 736

COMMONWEALTH vs. TYRONE EDWARD HOWARD.

Supreme Judicial Court of Massachusetts, Hampden.

May 1, 1975.


Attorney(s) appearing for the Case

Margaret D. McGaughey for the defendant.

William W. Teahan, Jr., Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & WILKINS, JJ.


TAURO, C.J.

After a jury waived trial, the defendant was convicted of armed robbery, assault and battery, and entering a dwelling house while armed and assault with intent to commit a felony. He appeals pursuant to G.L.c. 278, §§ 33A-33G, his sole contention being that he was denied the right to a fair trial as a result of a polygraph test offer made by the trial judge.

Briefly, the facts reveal that an elderly couple were robbed, and the husband...

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