COMMONWEALTH v. CORREIA


18 Mass. App. Ct. 178 (1984)

464 N.E.2d 98

COMMONWEALTH vs. JOSE CORREIA.

Appeals Court of Massachusetts, Plymouth.

May 30, 1984.


Attorney(s) appearing for the Case

Eric Brandt for the defendant.

Robert S. Sinsheimer, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, ROSE, & SMITH, JJ.


ROSE, J.

The defendant appeals from two convictions of armed assault with intent to murder (G.L.c. 265, § 18), assigning as reversible error certain of the trial judge's final instructions to the jury. The defendant contends that in his instructions the judge: (1) created a mandatory presumption with respect to "specific intent," improperly shifting the burden of proof on that element to the defendant; (2) created...

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