Commonwealth v. Zammuto

Following a jury trial in District Court, the defendant was convicted of assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A; and a civil rights violation, G. L. c. 265, § 37. On appeal, he contends (1) he was denied a fair trial when, after he defaulted, the trial proceeded in his absence; (2) the judge erred in failing to instruct the jury regarding his failure to testify; (3) the District Court lacked jurisdiction over the civil rights charge; (4) the motion for a required finding of not guilty on the civil rights charge should have been allowed; and (5) trial counsel…