Commonwealth v. Miranda

A jury convicted the defendant of assault and battery on a police officer, G. L. c. 265, § 13D. She appeals, claiming that (1) the judge erred in not instructing the jury on defense of another, and (2) the prosecutor made improper references to a codefendant who had pleaded guilty and was no longer a party. Because we conclude that the judge should have instructed the jury on defense of another, we reverse.

Background. The testimony at trial revealed the following. On September 6, 2006, after drinking alcohol with Demetria Battle, the defendant was waiting in the driver’s seat of her *77sport…