Commonwealth v. DiMonte

On July 21, 1995, a jury in the Boston Municipal Court returned a guilty verdict of assault and battery, G. L. c. 265, § 13A, against the defendant, Ivan A. DiMonte *234(husband).1 The complainant, DiMonte’s wife2 (wife), did not testify at trial. The defendant appeals from his conviction based on claimed errors in the admission in evidence of several extrajudicial statements by.the wife and by the defendant. We agree that the judge erred in admitting some testimony that was hearsay. The hearsay evidence may well have contributed to the jury’s verdict. We therefore reverse the judgment of the…