Commonwealth v. Alford

The defendant was convicted by a jury of an assault and battery. On appeal he contends that the judge erred in denying his request for a defense of property instruction. We affirm.

A defendant may successfully assert a defense of property defense if "(1) the defendant used only nondeadly force, and (2) the force used was 'appropriate in kind and suitable in degree, to accomplish the purpose.' " Commonwealth v. Haddock, 46 Mass. App. Ct. 246, 248-249 (1999), quoting Commonwealth v. Goodwin, 57 Mass. 154, 158 (1849). The defendant must present evidence that he was defending his property in order…