COMMONWEALTH v. RUBECK

No. 04-P-818.

64 Mass. App. Ct. 396 (2005)

COMMONWEALTH v. CHRISTINE M. RUBECK.

Appeals Court of Massachusetts, Hampshire.

September 1, 2005.


Attorney(s) appearing for the Case

Russell W. Fuller for the defendant.

Cynthia M. Pepyne, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, SMITH, & GELINAS, JJ.


GELINAS, J.

The defendant, Christine M. Rubeck, was convicted by a jury of assault and battery, G. L. c. 265, § 13A, in the Northampton District Court. She appeals, claiming that her counsel was ineffective in not requesting a jury instruction concerning the right of a parent to use reasonable force to discipline a child for the purpose of safeguarding or promoting the child's welfare. We affirm the conviction.

The incident giving rise to the complaint...

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