COMMONWEALTH v. BARBOZA

No. 08-P-1951.

76 Mass. App. Ct. 241 (2010)

COMMONWEALTH v. DARREN BARBOZA.

Appeals Court of Massachusetts, Suffolk.

February 5, 2010.


Attorney(s) appearing for the Case

Michael A. Waryasz for the defendant.

Nicholas Kaiser (Teresa K. Anderson, Assistant District Attorney, with him) for the Commonwealth.

Present: CYPHER, DREBEN, & MEADE, JJ.


DREBEN, J.

This case raises the issue whether evidence of a prior charged assault by means of a dangerous weapon by the defendant, introduced to show the defendant's hostility or motive in the present case, should have been excluded because the defendant was acquitted of the prior charge. We hold there was no error in the admission of the evidence.

The prior incident occurred on August 23, 2007, and the defendant was arraigned for that offense on September...

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