Commonwealth v. King

Ireland, CJ.

In 2007, a jury in the Central Division of the Boston Municipal Court Department convicted the defendant of assault and battery of the victim, Christopher Garden. G. L. c. 265, § 13A. He was sentenced to one year’s probation. He appealed, arguing that the judge erred in instructing the jury on self-defense. The Appeals Court affirmed, Commonwealth v. King, 77 Mass. App. Ct. 194, 203 (2010), and we granted the defendant’s application for further appellate review. Because we conclude that the error in the jury instruction on self-defense did not create a substantial risk of a…