Commonwealth v. Hogue

1. It was error for the judge to refuse to instruct the jury on self-defense. See Commonwealth v. Rodriguez, 370 Mass. 684, 692 (1976). "The fact that the evidence may not be of a character to inspire belief does not authorize the refusal of an instruction based thereon____That is a question within the exclusive province of the jury. However incredible the testimony of a defendant may be he is entitled to an instruction based upon the hypothesis that it is entirely true.” People v. Carmen, 36 Cal. 2d 768, 773 (1951), cited with approval in Commonwealth v. Campbell, 352 Mass. 387, 398 (1967),…