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Appeals court questions whether public "affray" requires bystander fear beyond victim's alarm
Summary
Panel justices at the Massachusetts Appeals Court on April 3 debated in Commonwealth v. Dobson whether the Commonwealth must prove that a member of the publicnot merely a direct victimwas placed in fear to sustain an affray conviction.
Panel justices at the Massachusetts Appeals Court on April 3 debated the scope of the criminal charge of affray in Commonwealth v. Dobson, focusing on whether the Commonwealth had to prove that someone other than the direct victim was actually placed in fear.
The defendantrepresented by Tim St. Lawrenceargued the evidence was legally insufficient. "I don't think that would be a reasonable inference enough to carry the weight of proof beyond a reasonable doubt," St. Lawrence told the panel when asked whether the mere presence of bystanders could support an inference they were placed in…
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