Commonwealth v. Miller

The defendant was convicted of carrying a dangerous weapon prohibited by G. L. c. 269, § 10 (b), as amended through St. 1983, c. 516, § 2; to wit, a “dirk knife.” On appeal he claims that his motion for a required finding of not guilty was improperly denied and that the jury instructions regarding the definition of a dirk knife were erroneous. We reverse the conviction.

The statute does not define the term “dirk knife.” As is the usual practice in interpreting criminal statutes, we construe the term strictly. See Commonwealth v. Crosscup, 369 Mass. 228, 234 (1975) (“ambiguity concerning the…