OPINION
ROBERTS, Chief Justice.
This is an indictment charging John E. Carillo with a violation of G.L. 1956 (1969 Reenactment) § 11-5-1, in that he assaulted Pasquale Solitro with intent to murder him. At the time of the alleged assault Solitro was a guard at the Adult Correctional Institutions (ACI) where Carillo was incarcerated. After a trial before a justice of the Superior Court sitting with a jury, a guilty verdict on a lesser charge of assault...
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