Commonwealth v. Wilkinson

The defendant, Lance A. Wilkinson, was indicted on May 30, 1989, for kidnapping and for assault with a dangerous weapon on one Danny Lee Nole. Prior to trial, the Commonwealth filed a motion to preclude the defendant from raising an affirmative defense of “lawful authority” at trial and further requested that the jury be instructed on the requirements of G. L. c. 276, §§ 11-20R (1990 ed.), the Uniform Criminal Extradition Act (Act). The defendant objected, arguing that he was the agent of a bail bondsman and, as such, had a common law right to apprehend and remove Nole from the Commonwealth…