Commonwealth v. Scalley

The defendant was convicted of assault and battery by means of a dangerous weapon (shod foot), G. L. c. 265, § 15A, and assault with intent to commit rape, G. L. c. 265, § 24, on April 13, 1982. The defendant appeals, contending that: (1) the Commonwealth delayed in disclosing allegedly exculpatory evidence, thus denying him due process of law, see Commonwealth v. Wilson, 381 Mass. 90, 107 (1980); (2) the trial judge abused his discretion in allowing the Commonwealth to call a witness whose name was not disclosed prior to trial, in violation of a discovery agreement, see Mass.R.Crim.P. 14(c),…