COMMONWEALTH v. MARTIN


369 Mass. 640 (1976)

341 N.E.2d 885

COMMONWEALTH vs. DANIEL R. MARTIN.

Supreme Judicial Court of Massachusetts, Middlesex.

February 2, 1976.


Attorney(s) appearing for the Case

Joseph F. Flynn for the defendant.

Alan L. Kovacs, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.


KAPLAN, J.

The defendant Daniel R. Martin appeals under G.L.c. 278, §§ 33A-33G, from his multiple convictions, described in the margin,1 arising from a clash between inmates and guards at Massachusetts Correctional Institution at Concord on October 15, 1972. The issue on appeal is whether the trial judge committed error in failing to instruct the jury with respect to the defendant's claimed justification or defense, namely, that...

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