SPIEGEL, J.
The defendant appeals under G.L.c. 278, §§ 33A-33G, from his conviction on an indictment charging manslaughter. The case is before us on a transcript of the evidence, a summary of the record, and five assignments of error, two of which were waived in open court. Assignments nos. 3 and 5 relate to the admission of evidence concerning the defendant's refusal to take a breathalyzer test.
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