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COMMONWEALTH v. KIVLEHAN

No. 01-P-1583.

57 Mass. App. Ct. 793 (2003)

COMMONWEALTH v. RACHAEL KIVLEHAN (and five companion cases).

Court of Appeals of Massachusetts, Middlesex.

April 16, 2003.

Attorney(s) appearing for the Case

Cynthia A. Vincent for Sherri Ann Kivlehan.

Jennifer H. O'Brien for Kelly Kivlehan.

Charlene Colt for Rachael Kivlehan.

Alice E. Casey, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, DOERFER, & KAFKER, JJ.

GREENBERG, J.

During the course of their jury trial on complaints charging, inter alia, assault and battery by means of a dangerous weapon and assault and battery on the complainant, Flora Perez, there was evidence that the defendants, Kelly Kivlehan (Kelly) and his mother, Sherri Ann Kivlehan (Sherri Ann), were coming to the aid of another member of their family, the third defendant, Rachael Kivlehan (Rachael). The trial judge failed to instruct the jury on the defense...

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