3 Mass. App. Ct. 786 | Mass. App. Ct. | 1975
The defendant was found guilty after a jury-waived trial in the Superior Court on separate indictments which charged him with assault and battery by means of a dangerous weapon and rape, respectively. The cases were tried pursuant to G. L. c. 278, §§ 33A-33G. The appeal presents only the question whether the trial judge’s viewing of the complainant’s chest and facial wounds during the course of the trial was an abuse of discretion because the scars were allegedly irrelevant, gruesome, and inflammatory. Errors assigned but not argued are deemed waived. There was evidence that the defendant and the complainant had known each other prior to the incident in question, that the defendant was visiting the complainant’s apartment, that there was a disagreement over the defendant’s use of her telephone for a long distance call, and that the defendant then beat and raped the complainant
Judgments affirmed.