Commonwealth v. Boyden

1. The defendant appeals from his convictions on charges of assault with intent to murder, assault and battery with a dangerous weapon, and unlawful carrying of a firearm. He claims error because the judge, without consulting counsel for either party, allowed a blackboard on which was drawn a diagram of the location where the shooting occurred to go into the jury room. The diagram had been drawn by the victim while testifying but had not been admitted in evidence. We assume without deciding that it was error for the judge to have thus allowed the diagram to go to the jury. Nevertheless, the…