COMMONWEALTH v. MIRANDA

No. 08-P-2094.

77 Mass. App. Ct. 76 (2010)

COMMONWEALTH v. MARIA A. MIRANDA.

Appeals Court of Massachusetts, Middlesex.

June 21, 2010.


Attorney(s) appearing for the Case

Lois J. Martin for the defendant.

Stephen C. Hoctor, Assistant District Attorney, for the Commonwealth.

Present: LENK, MILLS, & GRAINGER, JJ.


MILLS, J.

A jury convicted the defendant of assault and battery on a police officer, G. L. c. 265, § 13D. She appeals, claiming that (1) the judge erred in not instructing the jury on defense of another, and (2) the prosecutor made improper references to a codefendant who had pleaded guilty and was no longer a party. Because we conclude that the judge should have instructed the jury on defense of another, we reverse.

Background. The testimony at...

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