Commonwealth v. DiFonzo, 576 N.E.2d 1382, 31 Mass.App.Ct. 921 (1991)

Commonwealth v. DiFonzo, 576 N.E.2d 1382, 31 Mass.App.Ct. 921 (1991)

“As far as any chalk diagrams that may be used (during retrial) are concerned, the general rule is that evidence must be admitted as an exhibit in order to be considered by the jury. A judge, however, has ‘considerable, but not unrestrained, discretion as to the degree to which chalks can be used.’ Commonwealth v. Walter, 10 Mass.App. 255, 264, 406 N.E.2d 1304 (1980). Liacos, Handbook of Massachusetts Evidence 403-404 (5th ed. 1981).”