Commonwealth v. Baez

A jury convicted the defendant, Alex Baez, of assault and battery, G. L. c. 265, § 13A(a ).3 At trial, the defendant argued that he acted in self-defense, and he requested and was granted a self-defense instruction. On appeal, he asserts that the judge improperly instructed the jury on the elements of self-defense, challenging specifically that the judge's supplemental instruction improperly included when one can use deadly force -- an instruction not applicable to the charge against him. In the absence of an objection, we affirm.

Background. The jury could have found that the defendant…