Commonwealth v. Francis

The defendant was convicted of assault and battery on a correction officer. G. L. c. 127, § 38B. He claims error in the judge’s instructions. More specifically, he urges that the judge did not, as required, instruct that the defendant’s knowledge of the officer’s status is an element of the offense and that the Commonwealth had the burden of proof on this issue. The defendant also complains of the judge’s instructions on self-defense. We affirm.

The evidence relevant to this appeal was, in large part, undisputed. The defendant, an inmate of North Central Correctional Institution at Gardner,…