Commonwealth v. GeboAnnotate this Case
The Supreme Judicial Court affirmed Defendant's conviction of assault and battery by means of a dangerous weapon, holding that the trial court did not abuse its discretion in denying Defendant's request for a jury-waived trial on the ground that it gave the appearance of "judge shopping" and that the evidence was sufficient to support the conviction.
Defendant was charged with two counts of assault and battery by means of a dangerous weapon (a chair and a blunt object) on a person aged sixty or older. Defendant filed a request for a jury-waived trial, which the trial judge denied. After a trial, Defendant was found guilty. The Supreme Court affirmed, holding (1) the trial judge did not abuse his discretion in denying Defendant's request for a jury waiver; and (2) there was sufficient evidence to establish beyond a reasonable doubt that the chair was a "dangerous weapon" within the meaning of Mass. Gen. Laws ch. 265, 15A.