Commonwealth v. Delaney

The indictment in this case is laid under G. L. c. 266, § 16. The evidence at trial was such that it must have been obvious to the jury that the defendant was the only person in a position to contradict any of the Commonwealth’s witnesses. He did not take the stand and chose to rest at the close of the Commonwealth’s case. The jury convicted, and the defendant appealed, claiming numerous errors in the charge. We quote or summarize the salient features of the charge which are material to a proper disposition of the case as it has been argued to us.

"The fact that a person has been arrested or…