COMMONWEALTH v. ANDERSON

No. 90-P-1023.

30 Mass. App. Ct. 474 (1991)

570 N.E.2d 155

COMMONWEALTH vs. LEWIS ANDERSON.

Appeals Court of Massachusetts, Norfolk.

April 23, 1991.


Attorney(s) appearing for the Case

Nona E. Walker, Committee for Public Counsel Services, for the defendant.

James F. Lang, Assistant District Attorney, for the Commonwealth.

Present: KASS, FINE, & IRELAND, JJ.


FINE, J.

A jury found the defendant, an inmate at M.C.I., Cedar Junction, guilty of assault and battery with a dangerous weapon, a razor shank, on another inmate, Charles Jenkins. The incident out of which the charge arose occurred in the prison dining hall. The defendant relied on self-defense at trial. Jenkins was not called as a witness. The defendant's appeal is based, in part, on the judge's refusal to give a "missing witness" instruction with respect to the...

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