OPINION
KELLEHER, Justice.
This case is before us on certification from the Superior Court of a question of doubt and importance. The defendant was charged on an indictment with an assault upon his brother with the intent of murdering him. Evidence was presented at a jury trial which showed that on Christmas Eve 1968, the defendant fired a pistol at his brother and wounded him in the head. In his charge the trial justice alluded to the provisions of G.L...
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