COMMONWEALTH v. IRENE

SJC-10882.

462 Mass. 600 (2012)

COMMONWEALTH v. HERMAN IRENE.

Supreme Judicial Court of Massachusetts, Essex.

June 26, 2012.


Attorney(s) appearing for the Case

Jennifer H. O'Brien for the defendant.

Kenneth E. Steinfield , Assistant District Attorney, for the Commonwealth.

Dana Alan Curhan , for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


DUFFLY, J.

A taxicab driver in Lawrence was robbed at knifepoint by a passenger wearing a hat that covered most of his face; the driver fired his pistol at the fleeing robber, wounding him in the back. Police located the defendant near the scene of the robbery suffering from an apparent gunshot wound to his back, but no witness was able to identify him as the robber. The defendant testified at trial, denying that he was the robber and claiming to have been shot in...

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