3 Mass. App. Ct. 780 | Mass. App. Ct. | 1975
There was no error in denying the defendant’s motions for directed verdicts on two indictments, one charging assault and battery with a dangerous weapon (No. 59654) and the other assault and battery on a police officer (No. 59655). From the evidence most favorable to the Commonwealth (the appeals are under G. L. c. 278, §§ 33A-33G) the jury could have found that a State police officer while on duty on Route 2 in Lancaster at about 7:00 p.M. — it was already dark — observed an automobile being driven erratically. The officer pursued the automobile for some distance in his cruiser; he put on the dome light, flashed the headlights, and turned on the siren. The automobile eventually pulled off the road and stopped; the defendant was driving. The officer approached the vehicle and stood at the door on the driver’s side. He shone his flashlight into the car and heard a female voice scream for help. He saw a female passenger seated next to the defendant apparently trying to escape from the passenger’s side. Thereupon the door on the driver’s side swung open, knocking the officer down, and the defendant drove off. These circumstances were sufficient to permit the jury to infer that the defendant intentionally struck the officer with the door, and it was proper to deny the defendant’s motion for a directed verdict on No. 59654, made on the ground that sufficient evidence of intent was lacking — also the only contention in this court in support of the motions. Commonwealth v. Doherty, 137 Mass. 245, 247 (1884). Commonwealth v. Holiday, 349 Mass. 126, 128 (1965). Commonwealth v. Boyer, 355 Mass. 762, 764 (1969). Commonwealth v.
Judgments affirmed.
