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COMMONWEALTH v. FERGUSON

No. 90-P-255.

30 Mass. App. Ct. 580 (1991)

571 N.E.2d 411

COMMONWEALTH vs. SCOTT FERGUSON.

Appeals Court of Massachusetts, Middlesex.

May 14, 1991.

Attorney(s) appearing for the Case

Benjamin H. Keehn, Committee for Public Counsel Services, for the defendant.

Richard I. Gordon, Special Assistant District Attorney (Patricia M. Darrigo, Assistant District Attorney, with him) for the Commonwealth.

Present: BROWN, PERRETTA, & GREENBERG, JJ.

GREENBERG, J.

A six-person jury in the District Court found the defendant, Scott Ferguson, guilty of two counts of assault and battery by means of a dangerous weapon (shod foot) and of knowingly receiving a stolen motor vehicle. We conclude that there was error in the judge's refusal to charge the jury on the accident defense and in his definition of the crime of assault and battery by means of a dangerous weapon. Accordingly, the defendant's assault and battery ...

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