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COMMONWEALTH v. EBERLE

No. 10-P-1422.

81 Mass. App. Ct. 235 (2012)

COMMONWEALTH v. ROBERT V. EBERLE.

Appeals Court of Massachusetts, Essex.

February 3, 2012.

Attorney(s) appearing for the Case

Robert V. Eberle , pro se.

Ronald DeRosa , Assistant District Attorney, for the Commonwealth.

Present: MILLS, MILKEY, & CARHART, JJ.

MILLS, J.

A District Court jury convicted the defendant of resisting arrest, G. L. c. 268, § 32B, while acquitting him of three counts of assault and battery on a police officer, G. L. c. 265, § 13D. The defendant argues that the judge erred by not instructing the jury on self-defense, and that this error gave rise to a substantial risk of a miscarriage of justice. We agree and therefore reverse the conviction and remand for a new trial.

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