Commonwealth v. Galvin

Defense counsel’s failure to request jury instructions on the use of nondeadly force in self-defense is the focal point of this appeal from the defendant’s conviction for assault and battery. The defendant contends that her conviction should be reversed because of counsel’s deficiency and because the Commonwealth presented insufficient evidence of an intentional striking to withstand a motion for a required finding of not guilty. We reject the sufficiency of the evidence argument. We agree, however, that the defendant’s conviction should be reversed because the judge erred in not instructing…