Commonwealth v. Miele

Opinion by

Linn, J.,

Appellant was convicted of assault and battery on Jennie Agnone, and acquitted of aggravated assault and battery. He now complains (a) of erroneous instruction to the jury, and (b) that the charge was inadequate in “not defining to the jury the principles of the law governing a plea of self defense when that defense is relied upon.......”

After a fight between appellant’s son and Jennie’s brother, there was a fight (resulting in this prosecution) by appellant with Jennie and her mother. There is evidence from which the jury may have found that while appellant was engaged…