COMMONWEALTH v. HEALY


15 Mass. App. Ct. 134 (1983)

444 N.E.2d 957

COMMONWEALTH vs. LEO P. HEALY.

Appeals Court of Massachusetts, Plymouth.

January 13, 1983.


Attorney(s) appearing for the Case

Patricia A. O'Neill for the defendant.

Robert M. Payton, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, GREANEY, & WARNER, JJ.


GREANEY, J.

Following a jury trial in the Superior Court, the defendant Healy was convicted of unarmed robbery, assault and battery by means of a dangerous weapon, and assault and battery. Healy challenges the judge's instructions to the jury. Specifically, he argues that the judge's "anecdotal language illustrating the presumption of innocence so undercut and negated the existence of that presumption as to have denied the defendant due process." We agree and order...

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