Commonwealth v. Cataldo

On June 3, 1991, Anthony Cataldo was convicted by a jury of assault by means of a dangerous weapon on Detective Joseph Britt.1 On appeal he challenges *319the judge’s charge on the use of deadly force in self-defense, the judge’s denial of his motion for a view, and the judge’s allowance of certain evidence. The Appeals Court set aside the verdict, concluding that the judge’s instruction on self-defense improperly allowed the juiy to convict the defendant on the basis that his actions constituted an excessive use of force in response to the level of force presented. Commonwealth v. Cataldo, 37…