Commonwealth v. Keefe

After a jury trial on a complaint charging assault and battery by means of a dangerous weapon, the defendant was convicted of the lesser-included offense of assault and battery. On appeal, he claims the judge erred by declining his request for a jury instruction on an injury prone victim, and that the judge erred in her jury instructions on defense of another. We affirm.

1. Injury-prone victim. The defendant claims that by declining to give the "injury-prone victim" instruction1 "the judge removed from the juror's consideration that the victim was susceptible to injury and thus an acceptable…