Commonwealth v. Rodriguez

The defendant, Ismael Benitez Rodriguez was indicted for murder in the second degree for the killing of Ismael Melendez (victim). At trial, Rodriguez admitted that he had killed the victim, but claimed that he had acted in self-defense. The jury found Rodriguez guilty of manslaughter and the judge sentenced him to a term of imprisonment of three to six years. The case is before us pursuant to the provisions of G. L. c. 278, §§ 33A-33G.

Rodriguez’s sole assignment of error on appeal is the judge’s refusal to instruct the jury that the Commonwealth bore the burden of showing beyond a reasonable…