Commonwealth v. McGrath

This indictment charges the defendant and others with assault and battery by means of a dangerous weapon, a shoe. The indictment was tried before a jury together with indictments charging robbery and assault with intent to rape. The defendant was found guilty of assault and battery with a dangerous weapon and not guilty of robbery. He was found guilty of so much of the *815indictment charging assault with intent to rape as charged simple assault, and the indictment was placed on file. The case is here on the defendant’s exceptions. He claims it was error to exclude from evidence the police…