Commonwealth v. Yunggebauer

The defendant was found guilty of armed robbery and assault and battery by means of a dangerous weapon after a jury trial in Superior Court. On appeal she contends that it was error for the judge not to instruct the jury on the lesser included offenses of robbery and assault and battery. The Commonwealth maintains that the defendant’s request at trial for such a jury instruction was untimely. We conclude that the request for the instruction was sufficiently timely to require the trial judge to consider it and to justify appellate review of its denial. We also agree with the defendant that the…