Commonwealth v. Morales

On November 20, 2002, the defendant, Arcángel Morales, was the subject of two indictments, namely, murder in the first degree, the victim being Michael Carey, and assault and battery by means of a dangerous weapon on Leola Thomas. A Superior Court jury convicted him of the lesser offense of murder in the second degree, and acquitted him of the charge of assault and battery by means of a dangerous weapon.

On appeal, the defendant argues that (1) the judge erred when he instructed the jury that physical contact was a necessary component of either reasonable provocation or sudden combat required…