Commonwealth v. Arias

After a jury trial, the defendant was convicted of murder in the second degree in the shooting death of Julio Zuniga (Zuniga), in violation of G. L. c. 265, § 1, and assault and battery by means of a dangerous weapon causing serious bodily injury to Roberto Francisco Sanchez Rios (Sanchez Rios), in violation of G. L. c. 265, § lSA(c).1 The principal issue at trial was the identity of the shooter. On appeal, the defendant *455claims the judge failed to properly instruct the jury on defense of another. We conclude the defendant’s claim was not preserved for appeal. The judge’s defense of another…