Opinion
13-P-1775
12-16-2014
COMMONWEALTH v. THADDEUS H. FRANCE.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant appeals from a conviction of aggravated assault and battery following a jury trial in the District Court. He contends that the judge's instructions on self-defense were erroneous. We disagree and affirm.
The defendant neither objected to the judge's instructions to the jury nor brought any need for correction to the attention of the judge. Therefore, we consider the merits of this issue governed, in all material respects, by the cases of Commonwealth v. McMurtry, 20 Mass. App. Ct. 629, 631-632 (1985), and Commonwealth v. Vidito, 21 Mass. App. Ct. 332, 334-336 (1985). The instructions given on self-defense were adequate and did not shift any burden to the defendant. Because there was no error, there thus was no substantial risk of a miscarriage of justice.
Judgment affirmed.
By the Court (Cypher, Fecteau & Massing, JJ.),
The panelists are listed in order of seniority.
Clerk Entered: December 16, 2014.