Commonwealth v. Power-Koch

A jury convicted the defendant of involuntary manslaughter, G. L. c. 265, § 13, and carrying a firearm without a license, G. L. c. 269, § 10(a). On appeal, he raises three claims, all relating to alleged errors in the judge’s refusal to provide jury instructions regarding (a) the defense of accident as to the manslaughter indictment; (b) the distinction between wanton and reckless conduct on the one hand, and simple or gross negligence on the other, as to the manslaughter charge; and (c) the defense *736of necessity as to the firearm offense. We affirm in part and reverse in part.

Factual and…