SUMNER B. COTZIN & another vs. LOUIS COOPER & others.

COMMONWEALTH vs. DOMINGO MELLO.

5 Mass. App. Ct. 825

May 19, 1977

Although the assignment of error which is directed to two sentences in the judge's charge brings nothing before this court for review because the assignment is not based on an exception, Commonwealth v. Miller, 4 Mass. App. Ct. 379 , 382-383 (1976), we have examined the allegedly erroneous

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instructions to determine whether there is a likelihood of "a substantial risk of a miscarriage of justice." Commonwealth v. Freeman, 352 Mass. 556 , 564 (1967). We have concluded that the charge, viewed in its entirety, was not erroneous. The other assignment of error, not having been briefed, is deemed waived.

Judgment affirmed.