Commonwealth v. Costa

The defendant was tried by a jury on an indictment charging an assault with intent to murder, being armed with a dangerous weapon (G. L. c. 265, § 18), and was convicted of assault with intent to kill. Commonwealth v. Demboski, 283 Mass. 315 (1933). He appeals under G. L. c. 278, §§ 33A-33G, assigning as error the admission in evidence of “téstimony of prior criminal acts of third parties” which the prosecution introduced to show a motive on the part of the defendant in shooting (on November 27, 1970) one Arigo, who, at a public meeting he had called on October 5, 1970, had urged that…