Commonwealth v. Benders

The defendant was convicted of assault and battery by means of a dangerous weapon. The case is here on the defendant’s exceptions (1) to a portion of the charge to the jury and (2) to the denial of his requests for supplementary instructions to the jury. The other exceptions in the defendant’s bill were not argued on appeal and are deemed waived. S. J. C. Rule 1:13, 351 Mass. 738.

We summarize the Commonwealth’s evidence. The victim, Donald H. Anderson, a book and variety store owner, testified that he saw the defendant talking with one of his employees in his store and said, “Come on boy. Get…