COMMONWEALTH v. GARUTI


23 Mass. App. Ct. 561 (1987)

504 N.E.2d 357

COMMONWEALTH vs. JAMES GARUTI.

Appeals Court of Massachusetts, Essex.

February 27, 1987.


Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services, for the defendant.

Robert J. Bender, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, CUTTER, & FINE, JJ.


DREBEN, J.

In his appeal from a conviction of assault and battery by means of a dangerous weapon, "to wit: a motor vehicle," the defendant claims (1) that there was insufficient evidence for the judge to charge the jury on intentional use of force; (2) that the defendant's requested instruction on self-defense should have been given; and (3) that striking of certain evidence relevant to the issue of consciousness of guilt was error. We affirm.

We first state...

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