Commonwealth v. Joyner

Frederic Joyner was convicted of assault and battery by means of a dangerous weapon (G. L. c. 265, § 15A) by a jury of six in the Dorchester District Court. The victim, Derek Moore, did not testify, nor did his girlfriend, Joyce O’Neil. Neither appeared at trial, despite efforts of the Commonwealth to locate them and to require their attendance by a subpoena. On his appeal, the defendant argues that the trial judge erred in permitting the jury to hear certain statements made by Moore and O’Neil, introduced by the Commonwealth through police officers, as excited utterances. He also claims that…