Commonwealth v. Souza

Summary

The court held that evidence of specific violent incidents initiated by a homicide victim may include the entirety of the incident, not merely the victim's initial act, when the identity of the first aggressor is disputed. Although the trial judge legally erred by treating such evidence as limited to the initial act, the error was not prejudicial, and the judge properly limited the jury's use of the evidence to determining who initiated the confrontation because the defendant undisputedly introduced deadly force. The court affirmed the murder and assault convictions and the denial of postconviction relief, but vacated the two firearm-licensing convictions because the jury was not instructed that the Commonwealth had to prove the absence of a valid license. No separate opinions were filed.