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COMMONWEALTH v. FRANCIS

24 Mass. App. Ct. 576 (1987)

511 N.E.2d 38

COMMONWEALTH vs. KEVIN FRANCIS.

Appeals Court of Massachusetts, Worcester.

August 4, 1987.

Attorney(s) appearing for the Case

Diana L. Maldonado, Committee for Public Counsel Services for the defendant.

Harry D. Quick, Ill, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., DREBEN, & KASS, JJ.

DREBEN, J.

The defendant was convicted of assault and battery on a correction officer. G.L.c. 127, § 38B. He claims error in the judge's instructions. More specifically, he urges that the judge did not, as required, instruct that the defendant's knowledge of the officer's status is an element of the offense and that the Commonwealth had the burden of proof on this issue. The defendant also complains of the judge...

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