Commonwealth v. Backus

After a jury-waived trial, the defendant was convicted of assault and battery. See G. L. c. 265, § 13A. Viewed properly, see Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979), the evidence supported a conclusion that the defendant drove from Massachusetts to New Hampshire, picked up his *626ex-girlfriend, and then drove around for about one and one-half hours, all the while punching her in her face. He appeals, claiming that, for reasons we shall discuss, his waiver of a jury trial was invalid. We affirm.

On the day the case was called for trial — the eleventh occasion on which the case had…