COMMONWEALTH v. SPENCER

No. 98-P-2105.

49 Mass. App. Ct. 383 (2000)

COMMONWEALTH v. LEE SPENCER.

Court of Appeals of Massachusetts, Hampden.

June 8, 2000.


Attorney(s) appearing for the Case

James Hammerschmith, Committee for Public Counsel Services, for the defendant.

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

Present: BROWN, PORADA, & BECK, JJ.


BROWN, J.

The defendant was convicted by a Superior Court jury of assault and battery by means of a dangerous weapon, assault by means of a dangerous weapon, and assault and battery. On appeal, the defendant claims (1) that the trial judge erred by giving a so-called "missing witness" instruction; (2) that the judge's instruction on alibi created confusion as to the burden of proof; and (3) that the judge's instruction defining a "dangerous weapon" created a presumption...

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