Commonwealth v. Vives

Alberto Vives was convicted of an armed robbery and an assault and battery by means of a dangerous weapon on Tracy Daniels for an incident occurring on May 28, 2002; an assault and battery by means of a dangerous weapon on Myriam Ramirez, as well as a threat to commit a crime against her on June 1, 2002; and an armed robbery and the felony-murder of Ricardo Torres on June 2, 2002. On appeal he contends that the trial judge’s instruction regarding the intent element of the armed robbery charge impermissibly shifted the burden of proof to him because it required him to show that he honestly and *538…