COMMONWEALTH v. CRUZ

No. 07-P-261.

70 Mass. App. Ct. 1115 (2007)

COMMONWEALTH v. Carlos CRUZ.

Appeals Court of Massachusetts.

December 12, 2007.


Decision pursuant to rule 1:28.

The judgment on the charge of assault and battery is affirmed. On the charge of assault by means of a dangerous weapon, the judgment is vacated, the verdict is set aside, and the case is remanded for a new trial, at the discretion of the Commonwealth, only on a theory of immediately threatened...

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