Keyword Search: Jury Instructions
SJC-10636: COMMONWEALTH vs. THOMAS PORRO
Argument: April 8, 2010 (reserve)
Keywords: Criminal Law - Criminal Procedure - Jury Instructions - Lesser Included Offense
Question Presented: Whether a defendant may be retried on the lesser included offense of assault with a deadly weapon, where the jury should not have been instructed on that offense in the first trial.
Facts: The defendant and a motorcyclist, Frank Merlonghi, shouted threats and obscenities at each other while driving down a two-lane road. At one point the defendant removed his service firearm (he …