Commonwealth v. Fatalo

These are appeals under G. L. c. 278, § 33B, from convictions of assault and battery and assault and battery by means of a dangerous weapon. The trial was held before a judge of the Superior Court, the defendant having waived his right to a trial by jury.

There are three assignments of error, 1 each of which relates solely to polygraph tests. We condense the pertinent evidence referred to by the defendant in his brief.

One Joseph F. McAdams was assaulted in his apartment by four men on August 23, 1961, and again on September 4, 1961. He later identified the defendant as one of his assailants.…