WebSep 29, 2016 · Porro, 458 Mass. 526, 531 (2010), quoting Commonwealth v. D'Amour, 428 Mass. 725 , 748 (1999), ABDW is a lesser included offense of AB-DFA. Nonetheless, the defendant's convictions of ABDW-SBI and AB-DFA are not duplicative because each of ABDW-SBI and AB-DFA requires proof of an element the other does not have. http://masscases.com/cases/sjc/462/462mass415.html
ASSAULT AND BATTERY ON AN ELDER OR DISABLED …
WebMay 11, 2016 · Commonwealth v. Porro, 458 Mass. 526, 529 (2010). In general, the Commonwealth may prove an assault as an attempted battery or as a threatened battery. See id. at 530. “An assault under a theory of attempted battery, therefore, has elements different from an assault under a theory of threatened battery.” Id. at 531. http://masscases.com/cases/sjc/458/458mass526.html grandmother coastal decor
Commonwealth v. Deschaine, No. 15–P–269. - Massachusetts - vLex
WebOct 21, 2024 · Commonwealth v. Porro, 458 Mass. 526, 530 (2010). Here, the judge concluded that the Commonwealth's recitation of facts at the plea hearing was sufficient to establish assault by means of a dangerous weapon under a theory of attempted battery. ... Commonwealth v. Arias, 78 Mass. App. Ct. 429, 435 (2010) (“defendant's overt act of … WebSep 25, 2008 · See Commonwealth v. Porro, 458 Mass. 526, 529-531 (2010). Accordingly, each offense includes proof of a fact which the other does not. See generally Commonwealth v. Hogan, 7 Mass. App. Ct. at 247-248. Assault and battery by means of a dangerous weapon is not a lesser included offense of assault with intent to maim, and … WebApr 7, 2024 · The Commonwealth did not dispute this interpretation, but requested that the judge instruct the jury on G. L. c. 269, § 10 (a), rather than § 10 (n). In response, the defendant argued that amendment would be improper because § 10 (a) was not a lesser included offense of § 10 (n). grandmother clock works for sale