Commonwealth v. Moreira

After a jury trial in the Superior Court, the defendant was convicted of assault and battery on one Joseph P. Munroe, a Somerville police officer, and he appealed. The Appeals Court reversed the judgment and ordered a new trial on the basis of the trial judge’s erroneous instructions with respect to the defense of justification. 14 Mass. App. Ct. 909, 911 (1982). We granted further appellate review to resolve the issue of a person’s right to resist an unlawful arrest.

There was evidence which would allow the jury to find that the police had probable cause to stop the defendant and his…