COMMONWEALTH v. ZEKIRIAS


443 Mass. 27 (2004)

COMMONWEALTH v. JOHN ZEKIRIAS.

Supreme Judicial Court of Massachusetts, Plymouth.

December 14, 2004.


Attorney(s) appearing for the Case

R. Brian Snow for the defendant.

Mary Lee, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


GREANEY, J.

The defendant was charged in a criminal complaint with two counts of assault and battery on a public employee, in violation of G. L. c. 265, § 13D, and tried before a jury in the District Court. The jury properly were instructed that in order to convict of the offenses charged, they would have to find the defendant's conduct either intentional or reckless, and that it would not be sufficient for the Commonwealth to prove that the defendant had acted...

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