Commonwealth v. Daley

The defendant appeals from his conviction, after a jury-waived trial, of assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A (b ). On appeal, he raises two arguments concerning his defense of self-defense. First, the defendant contends that the judge's finding that he did not actually believe that he was in immediate danger of death or serious bodily injury was clearly erroneous because it was based on an incorrect subsidiary finding that the defendant's trial testimony differed from his testimony before the grand jury. Second, the defendant argues that the evidence was…