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COMMONWEALTH v. MOREIRA

388 Mass. 596 (1983)

447 N.E.2d 1224

COMMONWEALTH vs. FREDERICK R. MOREIRA.

Supreme Judicial Court of Massachusetts, Middlesex.

March 29, 1983.

Attorney(s) appearing for the Case

Judith M. Freedman for the defendant.

Kevin J. Ross, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & LYNCH, JJ.

NOLAN, J.

After a jury trial in the Superior Court, the defendant was convicted of assault and battery on one Joseph P. Munroe, a Somerville police officer, and he appealed. The Appeals Court reversed the judgment and ordered a new trial on the basis of the trial judge's erroneous instructions with respect to the defense of justification. 14 Mass.App.Ct. 909, 911 (1982). We granted further appellate review to resolve the...

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