Commonwealth v. Pinnick

The defendant was found guilty on an indictment charging him with assault and battery by means of a dangerous weapon. The trial was subject to G. L. c. 278, §§ 33A-33G, and the defendant has appealed. We have before us a summary of the record, a transcript of the evidence, and assignments of error.

There was evidence that on April 21, 1966, Carmine Restaino, fifty years of age and employed as a truck driver, upon arrival at his home at 432 Seaver Street in the Dor-chester district of Boston, where he lived with his wife and three children, was assaulted with a machete. His wife responded to…