Department of Revenue v. Spinale

The defendant was adjudged the father of a child born to Jeanne Aiello. He appealed from that determination to the Appeals Court, which is the appropriate court to which an appeal from such a determination should be taken. Department of Revenue v. Jarvenpaa, 404 Mass. 177, 180-181 (1989). We transferred his appeal to this court on our own motion.

1. The defendant’s claim that he was entitled to a jury trial is without merit. Id. at 189 n.15.

2. It was not error for the trial judge, in making his decision, to rely on the physical resemblance between the child and the defendant. Although this…