Saxophone Case
Saxophone Case
Massachusetts Criminal Self Defense Convicted Assault Charged Dangerous Weapon Lawyers Attorneys
COMMONWEALTH v. WILLIAM ALLEN.
APPEALS COURT OF MASSACHUSETTS
October 6, 2009, Argued
December 14, 2009, Decided
Defendant slowly pulled a folded knife from his pocket, unfolded it, and moved it in the victim's direction, in an attempt to hit the hand with which the victim grasped the handle to the saxophone case; that act led the victim to relinquish his grasp. The defendant was tried before a jury in the Boston Municipal Court, and was convicted on a charge of assault by means of a dangerous weapon, in violation of G. L. c. 265, § 15B.
Issue:
Whether the defendant was entitled to a jury instruction on the use of non-deadly force in self-defense?
Discussion and Holding:
A self-defense instruction must be given when deadly force was used only if the evidence, viewed in the light most favorable to the defendant, permits at least a reasonable doubt that the defendant reasonably and actually believed that he was in 'imminent danger of death or serious bodily harm, from which he could save himself only by using deadly force. The defendant argues that the evidence in the present case raised a question of fact, to be resolved by the jury, whether the defendant's use of the knife constituted the use of deadly or nondeadly force. Accordingly, the defendant claims error in the form of the judge's instruction on self-defense which, the defendant contends, limited the jury's consideration to whether the defendant was justified to use deadly force in self-defense.
As a threshold matter, we observe that "[w]hether force is deadly or nondeadly is determined by whether a dangerous weapon was used. Whether an instrument which is not dangerous per se, but which may be used in a dangerous manner, constitutes a dangerous weapon in the circumstances of a particular case is ordinarily a question of fact. Similarly, when a dangerous weapon is not used in its intended manner, such as when a gun is "brandished but not fired, the jury must determine whether the defendant intended to use the weapon in a deadly manner. Emphasizing the question of intent as one of fact, the defendant contends that he merely brandished the knife, and the question whether he intended to use it in a deadly manner should have been submitted to the jury. In the present case, the defendant did not testify. Scovacricchi's uncontroverted testimony was that the defendant "tried to hit" Scovacricchi with a ten-inch long folding knife after opening it. Though the testimony does not describe the precise nature of the defendant's motion, the defendant's attempt to hit Scovacricchi with the knife, had it been successful, would have caused serious injury. Accordingly, the attempt constituted the use of deadly force, which was unjustified in response to an unarmed attack. Since the defendant was not entitled to instruction on self-defense, any error in the instruction that the judge administered could not give rise to a substantial risk of a miscarriage of justice.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
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Is there a way to get the musty smell out of a saxophone case that has been in storage for several years?
Sprinkle some baking soda in it and set it outside in the sun. You may have to do this for several days. Good Luck! 
Saxophone Case
RB Continental Sax Case
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Saxophone $23.99 A.. Cromwell Saxophone - Art Print |
Josefina Sanner - Love Case Scenario
Love Case Scenario: Row Your Boat; About to Leave; Beautiful Day; Hallelujah; Feel It; Eternally Yours; All Words From You; Heartstop; La La Love Must Be; Stealing The Sky; Fragments
Personnel: Josephina Sanner: Vocals, Backing Vocals, Cello, Organ, Soprano Tubular Bells, Celeste, Svampinjonium, Acoustic Guitar; Andreas Dahbäck: Drums, Church Organ, Synthesizer, Tambourine, Bells, Programming, Shaker, Piano, Cabazza, Woodblock, Backing Vocals, Wurlitzer, Congas; Patrik Hjerling: Bass, Double Bass; Calle Ekerstam: Electric Guitar, Electric Baritone Guitar; Marcus Ohlsson: Bass Clarinet, Transverse Flute, Pizzicato Piano, Tenor and Alto Saxophone, Acoustic Piano; Andreas Ekstedt: Vibraphone, Glockenspiel, Croatales, Marimba; Julia Falthih: Bass; Simon Yuergren: Box on Floor; Jonas Öijvall: Piano, Accordion, Electric Piano; Paul Börjesson: Bass
Josefina Sanner - Love Case Scenario was produced by Andreas Dahbäck and released on the Finaville Music label. Josefina Sanner is a prolific songwriter who has penned more than 700 songs, and on Love Case Scenario, she recorded her best music to date. I fist met Josefina Sanner in the summer of 2004 while traveling through Stockholm, she was performing at an outdoor concert, and I was fascinated by her voice. I have watched her career blossom (Read a review of her previous self-title release Josefina Sanner in the Music Scene section), and Love Case Scenario perfectly illustrates why I was fascinated by her voice. Her maturity as an artist [singer, songwriter, and performer] has been such a pleasure to watch; it also creates anticipation for future material, but for now, we have Love Case Scenario to enjoy.
The songs on Love Case Scenario were stirred by an emotionally painful breakup; so, she looked to happier times and drew influences from her childhood and from her other artistic outlet as a painter. As Josefina puts it, "to transform my experiences into songs - I've turned my worst case scenario to a love case scenario." Each track is a short story covering a different chapter in Josefina's life, and with her unique ability to bond her voice with her expressive lyrics, you are in for a real treat.
The release leads with the track Row Your Boat and she starts her mending from her breakup through her lyrics and enticing vocals as she sings "Now this life has fallen like November leaves; Cold, I'm left out stalling, naked as a tree," and blends this with a happy memory from her childhood days with "Row, Row, Row Your Boat, gently down the stream, life is but a dream; Bye, bye baby, goodbye and maybe we'll meet on the other side." She shows that her extraordinary talent as a songwriter is accented by her captivating voice. The second track About To Leave uses the distinct sounds of the celeste to create a heavenly state that is complemented by a church organ and tubular bells. This dreamlike state is an expressive pairing with Josefina's vocals and her charged lyrics "I remember how once you were eager to love, now I bend and I break what an awful mistake."
The track Beautiful Day longs for the second chance that what has been happening can be changed, and things will go back as before, but in the end life moves on. She captures all of the feelings, hopes, the twists and turns that we go through before we realize that we must move on; her voice will ring in your ear like your conscious telling you that the time has come "it's not too late, so don't lose faith." Changing pace is the track Hallelujah where Josefina's mesmerizing voice is at its best as she rolls in a spiritual sound asking the question "Please tell me why?"
Josefina, like many Swedes, is tied to nature and this comes through in her lyrics that reflect time and life changing experiences through the seasons. On the track Eternally Yours she sings of "We had summer for a year, a winter's day took it; We had love that couldn't fail, but spring came and blew it away."
Other extraordinary tracks include Feel It, a whimsical track where she uses specific instruments like the pizzicato piano in a creative arrangement to cast the tone and meaning of the song; All Words From You strips away many of the instruments and leans on the raw sound of Josefina's vocals and her acoustic guitar accompanied by bass clarinet and the sound of the vibraphone; Heartstop, a track that uses the slight pounding on the drums as the sound of a person's heartbeat and the timely transitions of the haunting tenor saxophone to create a magical sound set against lyrics about reclaiming your inner self; La La Love Must Be is a light hearted track that tosses around all of the bits and pieces of a relationship like lost connections that never really come together.
The release closes out with the tracks Stealing the Sky and Fragments that draws closure to this emotionally charged release where the stories are intertwined with the ebb and flow of Josefina's inspiring vocals and inventive arrangements.
Websites where you can procure Josefina Sanner - Love Case Scenario are Josefina Sanner, CD Baby, iTunes, and CDON.Com.
E.F Nesta is the owner, contributing writer, and Publisher of Luxury Experience (http://www.LuxuryExperience.com ).
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OP/TECH USA 3611242 Work Mat-Large (24 x 42 Inch) - Portable Work Surface with Carrying Bag (Gray) $10.66 The WORK MAT is a great way to protect both your gear and work surface. The soft rubberized surface grips to keep small parts in place and it resists the effects of cleaning chemicals and oils. WORK MAT's neutral gray color makes it easy to see very small items and the textured surface prevents your items from rolling away. It's anti-static too for use with delicate electronics. Ideal for use at h... |
Saxophone Case