Opinion
No. 12–P–529.
2012-10-24
COMMONWEALTH v. Molly R. HUTT.
By the Court (CYPHER, MEADE & HANLON, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant, Molly R. Hutt, was convicted by a jury of assault and battery. The evidence at trial supported an instruction on self-defense. The defendant requested such an instruction but the judge, after the Commonwealth objected, denied the request. The Commonwealth concedes that the instruction should have been given and that its absence prejudiced the defendant. We have conducted an independent review of the issue and agree that reversal is required.
Judgment reversed.
Verdict set aside.