COMMONWEALTH v. FLEMING

No. 96-P-1801.

46 Mass. App. Ct. 394 (1999)

COMMONWEALTH v. EUGENE P. FLEMING.

Court of Appeals of Massachusetts, Norfolk.

March 2, 1999.


Attorney(s) appearing for the Case

Earl Howard for the defendant.

Varsha Kukafka, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KASS, & FLANNERY, JJ.


KASS, J.

Eugene Fleming was convicted by a jury of simple assault and battery (G. L. c. 265, § 13A) and armed assault in a dwelling house (G. L. c. 265, § 18A). His appeal challenges only the more serious judgment, that of armed assault in a dwelling. The error claimed is that the Superior Court judge, although pressed by the defense so to do, declined to charge the jury that, to convict under § 18A, they must find the defendant's entry into the dwelling...

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