Commonwealth v. McCreary

McCreary was convicted by a jury on charges of assault and battery by means of a dangerous weapon (a shod foot), G. L. c. 265, § 15A, and assault by means of a dangerous weapon (a knife), G. L. c. 265, § 15B. The sole issue on appeal concerns the exclusion of certain testimony on cross-examination of the victim’s wife. We affirm the convictions.

We summarize the evidence and rulings pertinent to the issue. The victim, one Malone, separated from his wife in October, 1979. The separation was caused in part by her relationship with McCreary. In November, 1979, Mc-Creary began living with Malone’s…