Com v Barboza, SJC, 2/5/10

COMMONWEALTH vs. DARREN BARBOZA, FEBRUARY 5, 2010, SJC

Prior misconduct evidence; Relevancy.

The defendant contended that evidence of a prior charged assault with a dangerous weapon should have been excluded in the present case because (i) he had been acquitted of the prior charge and (ii) the prior charge was not sufficiently probative to be admissible. The SJC disagreed with the defendant, finding no error and that the evidence was properly admitted.