Saxophone Case

Saxophone Case

Massachusetts criminal aggression Self Defense Lawyers Charged convicted dangerous weapons Attorneys

COMMONWEALTH v. William Allen.
Court of Appeal MASSACHUSETTS
October 6, 2009, argued
December 14, 2009, decided

Defendant pulled a knife slowly folded in his pocket, unfolded, and moved toward the victim, in an attempt to strike the hand with which the victim takes the handle to the case of the saxophone, this act led the victim to relinquish its grasp. The defendant was tried before a jury in Boston Municipal Court, and was convicted on Lawyers Suffolk County "> charge of assault with a dangerous weapon in violation of GL c. 265, § 15B.

Question:

Whether the defendant was entitled to a jury instruction on the use of non-lethal force in self defense?

Discussion and Holding:

A statement of self-defense must be given where deadly force was used only if the evidence considered in the light most favorable to the defendant, permits at least a reasonable doubt that the defendant actually and reasonably believed he was in "imminent danger of death or grievous bodily harm, where he could save himself by using deadly force. The defendant argues that the evidence in this case raised a question of fact to be resolved by the jury, if the use of the defendant's knife made the use of deadly force or nondeadly. Accordingly, the defendant argues error in the form of the judge's instructions on self defense which, it argues, the jury limited consideration of whether the defendant was justified in using deadly force in self defense.

As a threshold matter, we observe that "force [s] is deadly or nondeadly is determined by whether a dangerous weapon was used. if an instrument that is not dangerous in itself, but can be used in a dangerous manner, is a title = "Carry Massachusetts hidden laws Worcester lawyers "> dangerous weapon in the circumstances of a particular case is usually a matter of fact. Similarly, when a dangerous weapon is not used as intended, as when a weapon is "brandished but not fired, the jury must determine whether the defendant intended to use the weapon in a threatening manner. Stressing the issue of intent as a matter of fact, the defendant contends that he simply brandished the knife, and the question of whether he intended to use a deadly way should have been submitted to the jury. In this case, the defendant did not testify. Scovacricchi disputed testimony was that defendant "tried to hit" with a knife Scovacricchi Folding ten inches long after it opened. Although the testimony did not describe the precise nature of the motion of the defendant, the defendant tries to strike Scovacricchi with the knife he had succeeded, would have caused title = "Massachusetts assault and battery lawyers Norfolk"> serious injuries. Consequently, the attempt made use of deadly force, was unjustified in response to an unarmed attack. Since the defendant is not entitled to instruction on self-defense, any error in the instruction given that the judge could give rise to serious risk of a miscarriage of justice.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the views of informal practice of judges' opinions. The opinions of origin should be consulted for their faith content

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