Com v. Arias

Commonwealth v. Jorge Arias
Massachusetts Court of Appeals
December 15, 2010
Docket No. 09-P-1792

Larceny, Assault by Means of a Dangerous Weapon, In-Court Identification, Special Verdict Slip


The jury found the defendant guilty for larceny over $250, assault by means of a dangerous weapon, reckless operation of a motor vehicle, and failure to stop for a police officer.  The defendant appealed this decision, arguing that the absence of a special verdict slip for the charge of assault by means of a dangerous weapon created a miscarriage of justice; that there was insufficient evidence to support his conviction of assault by means of a dangerous weapon; and that the judge abused his discretion in denying his request for a "non-suggestive" in-court identification procedure.