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COMMONWEALTH v. HERNDON

SJC-11702.

475 Mass. 324 (2016)

COMMONWEALTH v. FRANKIE HERNDON.

Supreme Judicial Court of Massachusetts, Suffolk.

August 26, 2016.

Attorney(s) appearing for the Case

Theodore F. Riordan (Deborah Bates with him) for the defendant.

Teresa K. Anderson, Assistant District Attorney (Joseph F. Janezic, Assistant District Attorney, with her) for the Commonwealth.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, & HINES, JJ.

A Superior Court jury found the defendant, Frankie Herndon, guilty of murder in the first degree of Derrick Barnes on the theory of deliberate premeditation and of possession of a firearm without a license. On appeal, the defendant challenges (1) the failure of the judge to instruct the jury on eyewitness identification in accordance...

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