Legal Opinion

Commonwealth v. Bior

Massachusetts Appeals Court

Decided August 28, 2015No. AC 14-P-395PublishedCited by 1 opinion

1Opinion of the CourtMilkey, J.

Following a jury trial in the District Court, the defendant was convicted of assault and battery by means of a dangerous weapon. G. L. c. 265, § 15A(b). Although we conclude that the trial evidence was sufficient to support that conviction, we agree with the defendant that the introduction of evidence regarding pretrial probable cause hearings constituted reversible error. We therefore vacate the judgment.

Background. 1. The incident. The defendant was a member of a local Sudanese community that met in a church in Malden. On the evening of August 21, 2011, a fight broke out in the church…

2Cases cited13 opinions

  1. Commonwealth v. ApplebyMassachusetts Supreme Judicial Court · 1980
  2. Commonwealth v. CiampaMassachusetts Supreme Judicial Court · 1989
  3. Beeler v. DowneyMassachusetts Supreme Judicial Court · 1982
  4. Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
  5. Commonwealth v. CookMassachusetts Supreme Judicial Court · 1994

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3Cited by1 opinion

  1. Commonwealth v. HamptonMassachusetts Appeals Court · 2015

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