Commonwealth v. Barboza

This case raises the issue whether evidence of a prior charged assault by means of a dangerous weapon by the defendant, introduced to show the defendant’s hostility or motive in the present case, should have been excluded because the defendant was acquitted of the prior charge. We hold there was no error in the admission of the evidence.

The prior incident occurred on August 23, 2007, and the defendant was arraigned for that offense on September 10, 2007. His brother, Theodore Barboza, the victim of the alleged August 23 assault, was in court that day. The present case arises out of events…