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COMMONWEALTH v. FRANCHINO

No. 02-P-1615.

61 Mass. App. Ct. 367 (2004)

COMMONWEALTH v. RONALD J. FRANCHINO.

Appeals Court of Massachusetts, Barnstable.

June 25, 2004.

Attorney(s) appearing for the Case

The cases were tried before Regina L. Quinlan, J. Jens A. Bahrawy for the defendant.

J. Thomas Kirkman, Assistant District Attorney, for the Commonwealth.

Present: BECK, BROWN, & CYPHER, JJ.

BROWN, J.

The defendant was convicted by a Superior Court jury of assault with intent to maim, G. L. c. 265, § 15, and assault and battery, G. L. c. 265, § 13A. He was found not guilty on a charge of attempted murder. On appeal, he argues that (1) the trial judge's instructions with respect to self-defense were fatally defective; (2) the judge failed to instruct properly with respect to the scienter requirement...

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