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Defense says constructive‑possession instruction risked wrongful conviction in firearms appeal
Summary
In Commonwealth v. Deersus, defense counsel told the Appeals Court that a jury instruction allowing conviction "through another" was confusing and could permit conviction based on otherwise lawful conduct by a co‑defendant; the Commonwealth argued the jury’s verdicts showed no prejudice.
May it please the court. The defense told the three‑judge panel that an instruction on "constructive possession" that used a "through another" formulation risked sending jurors down a legally confusing pathway.
Defense counsel argued the phrasing could allow jurors to convict the defendant even if the co‑defendant lawfully possessed the weapon at relevant times. Counsel illustrated…
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