Commonwealth v. Delaney

The defendant was convicted of armed assault with intent to kill (on an indictment charging armed assault with intent to murder) and assault and battery by means of a dangerous weapon. On direct appeal and in his motion for a new trial, the defendant asserted numerous errors, in particular a claim that his rights under art. 12 of the Massachusetts Declaration of Rights had been violated when the prosecutor introduced evidence of his “refusal” to submit to a body search warrant. See Commonwealth v. Conkey, 430 Mass. 139, 142 (1999), and cases cited. His motion for a new trial was denied. In an…