COMMONWEALTH vs. JOHN G. CAIN

COMMONWEALTH vs. JOHN G. CAIN

383 Mass. 874

April 9, 1981

Albert L. Hutton, Jr. (William C. Madden with him) for the defendant.

Page 875

Gary A. Nickerson, Assistan District Attorney, for the Commonwealth.

James R. McMahon, Jr., amicus curiae, submitted a brief.

The defendant's appeal from his conviction for assault and battery by means of a dangerous weapon is founded on the judge's denial of his motion to exclude from evidence certified copies of records of convictons pursuant to G.L.c. 233, Section 21. He argues a denial of the rights of due process and fair trial in art. 12 of the Massachusetts Declaration of Rights and in the Sixth and Fourteenth Amendments to the United States Constitution. There was no error.

This court responded to all the arguments of the defendant in Commonwealth v. Diaz, ante 73, 75-82 (1981), and Commonwealth v. Caldron, ante 86, 94 (1981).