State v. French

The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of hindering apprehension, obstructing government administration, and refusing to submit to arrest. On appeal, Defendant argued that the trial court’s jury instructions on the justification of defense of premises were deficient. The Supreme Judicial Court disagreed, holding (1) a citizen is not justified in using nondeadly force against a law enforcement officer for the purpose of defending one’s premises; and (2) because the Criminal Code does not create a justification that allowed Defendant to use nondeadly force against the law enforcement officer in this case in order to defend her premises, Defendant was not entitled to any instruction on that issue. View "State v. French" on Justia Law