Commonwealth v. Werner

A Superior Court jury convicted the defendant, Keith A. Werner, of armed assault in a dwelling, see G. L. c. 265, § 18A; assault by means of a dangerous weapon, see G. L. c. 265, § 15B(6); and unlawful possession of a firearm, *98see G. L. c. 269, § 10(a).1 The defendant filed a notice of appeal, but then moved for its dismissal. A judge of the Superior Court allowed that motion. More than eleven years after his convictions, the defendant challenged them by a motion for a new trial, upon the bases of two alleged errors. As to the first, he contended that the trial judge had wrongly denied his…