Commonwealth v. Stoddard

The defendant was tried before a Superior Court jury on indictments alleging armed assault with intent to rob (G. L. c. 265, § 18 [6]); assault and battery with a dangerous weapon (G. L. c. 265, § 15A[6]); and possession of a firearm without a license (G. L. c. 140, § 131). He was found guilty on each charge and was sentenced to concurrent terms of from three to five years on each charge.

On appeal, the defendant argues that: (1) the judge’s failure to give a jury instruction on honest but mistaken identifi*46cation was reversible error; and (2) he was entitled to a required finding of not guilty…