Fillippini was convicted of armed robbery while masked. See Commonwealth v. Fillippini, 2 Mass. App. 179, 310 N.E.2d 147 (1974). The Sixth Amendment claims may be broken down into four allegations: (1) that the trial judge should have inquired into appellant's mental competence to waive his right to counsel; (2) that the judge should have inquired into the reasons for appellant's dismissal of his original trial counsel; (3) that the judge should have inquired into whether the waiver was intelligent, effective, and voluntary; and (4) that the waiver was not in fact intelligent, effective, and voluntary. Of these the district court ruled that only the third had been exhausted in the state courts.

It is hard to conceive of anything more prejudicial to a fair trial on these charges than the disclosure that the defendant had likewise escaped from a Florida jail. See Commonwealth v. Kosior, 280 Mass. 418, 423 (1932); Commonwealth v. Stone, 321 Mass. 471, 473-474 (1947); Commonwealth v. Ellis, 321 Mass. 669, 670 (1947); Commonwealth v. Welcome, 348 Mass. 68, 70-71 (1964); Commonwealth v. Nassar, 351 Mass. 37, 45 (1966); Commonwealth v. DiMarzo, 364 Mass. 669, 680-681 (1974) (concurring opinion); Commonwealth v. Barrett, 1 Mass. App. Ct. 332, 337 (1973); Commonwealth v. Fillippini, 2 Mass. App. Ct. 179, 187 (1974). Contrast Commonwealth v. Eagan, 357 Mass. 585, 588-589 (1970) (in which the publication concerned a dissimilar crime).

See Carnley v. Cochran, 369 U.S. 506, 516 (1962). See also Commonwealth v. Fillippini, 2 Mass. App. Ct. 179, 182-184 (1974). Barnes's next claim of error concerns his cross-examination of Roger Pierce. Having satisfied ourselves that Barnes intelligently waived his right to counsel, we examine his claims of error in the light of our warning in earlier cases that the "right of self-representation is not `a license not to comply with relevant rules of procedural and substantive law.' Faretta v. California, 422 U.S. 806, 834-835 n. 46 (1975).

I agree that appellate courts are interested in substance and not in form. Spanbauer v. Burke, 374 F.2d 67, 74 (7th Cir. 1966), cert. denied, 389 U.S. 861, 88 S.Ct. 111, 19 L.Ed.2d 127 (1967); People v. Jackson, 59 Ill. App.3d 1004, 376 N.E.2d 685 (1978); Commonwealth v. Eillippini, 2 Mass. App. 179, 182, 310 N.E.2d 147 (1974); Pickens v. State, 96 Wis.2d 549, 292 N.W.2d 601 (1980) (right to counsel cases). But the record itself must demonstrate that substance which establishes that there was a valid waiver of a constitutional right, which "[is] knowing and intelligent, [and] accomplished with sufficient awareness of the relevant circumstances and likely consequences.

Commonwealth v. Deeran, 364 Mass. 193, 198 (1973). Cf. Commonwealth v. Fillippini, 2 Mass. App. Ct. 179, 182-184 (1974). We hold that no denial of Federal constitutional right has been shown.

Commonwealth v. Caine, 366 Mass. 366, 369 (1974). Cf. Commonwealth v. Fillippini, 2 Mass. App. Ct. 179, 189 (1974). It is apparent from the record that the trial judge was well aware of the wide latitude cross-examination enjoys, and his drawing of the line as to the scope of cross-examination was well within his sound discretion.