Commonwealth v. Arias

Although the defense argued to the jury was identification, the defendant never conceded his alternative theories of defense of another and use of excessive force in defense of another. Because he requested instructions on these defenses, and because intent is always for the jury in murder cases, the issue of intent remained a “live issue” at his trial for murder in the first degree. See Commonwealth v. Repoza, 400 Mass. 516, 522 n.7 (1987); G. L. c. 265, § 1. The instructions on defense of another and the use of excessive force in defense of another did not inform the jury that the use of…