Massachusetts Appeals Court October 2, 1996, No. 95-P-2061 (Commonwealth v. Zawatsky)

Kass, J.

Brian R. Zawatsky and Timothy J. Donovan were convicted in District Court by a jury of what current vernacular calls “gay bashing;” more specifically they were convicted of assault and battery (G. L. c. 265, § 13A), assault and battery by means of a dangerous weapon (a shod foot) (G. L. c.