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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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