Commonwealth v. Charles
Commonwealth v. Charles
Opinion of the Court
A Superior Court jury convicted the defendant of assault and battery by means of a dangerous weapon (a knife).
Background . According to the testimony of the victim, the defendant attacked him with a knife, first striking him in the head with the knife and then stabbing him in the chest. The defendant testified that he confronted the victim and another person having an altercation outside his apartment, and that after he told the men to leave, the victim attacked him with the knife. Although the defendant stated that he grabbed the victim's wrist to defend himself from the knife attack, he made no claim that he then, in self-defense, struck or stabbed the victim with the knife. To the contrary, the defendant testified that he did not have any idea how the victim was injured that night.
Discussion
. "[A] self-defense instruction must be given when deadly force was used only if the evidence, viewed in the light most favorable to the defendant, permits at least a reasonable doubt that the defendant reasonably and actually believed that he was in 'imminent danger of death or serious bodily harm, from which he could save himself only by using deadly force.' "
Commonwealth
v.
Pike
,
Judgment affirmed .
The jury acquitted the defendant of assault and battery for the purpose of collecting a loan, and intimidation of a witness.
The assault and battery charge against the defendant involved the use of deadly force. See
Commonwealth
v.
Toon
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.