Commonwealth v. Davis

On December 16, 1978, the defendant and the victim quarrelled at the “Diamond Mine” Lounge in Holyoke. An encounter ensued, in the course of which the defendant bit off a piece of the victim’s left ear. The defendant was indicted for the crimes of mayhem (G. L. c. 265, § 14), and assault and battery by means of a dangerous weapon “to wit, [t]eeth” (G. L. c. 265, § 15A). A Superior Court jury convicted him on both indictments, and he has appealed, assigning as error: (1) the introduction in evidence in connection with the mayhem charge of five photographs showing the piece of the victim’s ear…