Commonwealth v. Scott

The defendant appeals under G. L. c. 278, §§ 33A-33G, from his conviction on an indictment charging manslaughter. The case is before us on a transcript of the evidence, a summary of the record, and five assignments of error, two of which were waived in open court. Assignments nos. 3 and 5 relate to the admission of evidence concerning the defendant’s refusal to take a breathalyzer test. Assignment no. 1 is directed to the trial judge’s denial of a motion for a directed verdict of not guilty. In view of our ultimate disposition of this case, we treat with assignments nos. 3 and 5 first and…