Commonwealth v. Byers

After a jury trial in the Superior Court, the defendant was found guilty of armed robbery. On appeal, the defendant’s sole argument is that the judge’s instruction lowered the standard of proof because it used the phrase “reasonable certainty” to define reasonable doubt. The defendant did not raise this objection below, and we review to determine if there was a substantial risk of a miscarriage of justice. See Commonwealth v. Williams, 56 Mass. App. Ct. 337, 347 (2002).

The jury could have found that the defendant robbed the victim of money and a cellular telephone while armed with a knife.

The…