COMMONWEALTH v. McGUANE

No. 09-P-128.

77 Mass. App. Ct. 371 (2010)

COMMONWEALTH v. PETER McGUANE (and a companion case).

Appeals Court of Massachusetts, Middlesex.

August 13, 2010.


Attorney(s) appearing for the Case

Carlo A. Obligato, Committee for Public Counsel Services, for Peter McGuane.

Robert A. O'Meara for Daniel McGuane.

Anne C. Pogue, Assistant District Attorney, for the Commonwealth.

Present: DUFFLY, MILLS, & GRAHAM, JJ.


GRAHAM, J.

A jury convicted the defendants, Peter McGuane and Daniel McGuane, of involuntary manslaughter of the victim, Kelly Proctor, on theories of both wanton or reckless conduct and battery. On appeal, the defendants argue that the judge erred in failing to instruct the jury as they requested on the defense of accident. In addition, Daniel contends that the judge erred in failing to provide the jury with an instruction on defense of others, and improperly admitted...

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