COMMONWEALTH v. MEDINA

NO. 96-P-1302.

43 Mass. App. Ct. 534 (1997)

COMMONWEALTH v. HECTOR N. MEDINA.

Court of Appeals of Massachusetts, Suffolk.

September 19, 1997.


Attorney(s) appearing for the Case

Peter M. Dempsey for the defendant.

Sharon J. Fray-Witzer, Assistant District Attorney, for the Commonwealth.

Present: PORADA, IRELAND, & GREENBERG, JJ.


PORADA, J.

From his conviction of assault and battery on a police officer, the defendant appeals on the ground that the judge's erroneous instruction, not objected to at trial, on an element of this crime created a substantial risk of a miscarriage of justice. Although the instruction was incorrect, we affirm because we are not convinced that the error was sufficiently significant in the context of the trial that the result might have been otherwise but for the error...

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