State v. Berube

On exceptions. Respondent was indicted for the crime of robbery. He entered a plea of not guilty and after trial a verdict of guilty was returned. At the conclusion of the evidence, respondent’s counsel moved for a directed verdict, and the motion was denied by the court. After the charge, respondent’s counsel asked for the following instruction: “Berube had no obligation to interfere even if not in fear, and even if a compatriot [companion] of Esman.” The court refused to give the requested instruction.

The case comes here on exceptions to the refusal of the court to grant respondent’s motion…