Massachusetts Appeals Court June 25, 1981 (Commonwealth v. Ferrara)

Brown, J.

(concurring). I concur in the result. The defendant was caught “red-handed” practically at the scene of the crime and therefore identification could not have been an issue. In my view the questioned evidence of identification was immaterial in these circumstances. The only effect of offering such evidence was to give the defendant a nonissue to argue on appeal.