Opinion
November 1, 1967.
The case was submitted on briefs.
William Lender for the defendant.
Garrett H. Byrne, District Attorney, Lawrence L. Cameron, Assistant District Attorney, Theodore A. Glynn, for the Commonwealth. Page 747
There was no error in denying the defendant's motion for new trial. This was within the judge's discretion. Commonwealth v. Slaney, 345 Mass. 135, 142. The testimony, in certain aspects conflicting, gave ample support for the verdict of guilty of assault and battery by means of a bottle.
Order denying motion for new trial affirmed.