OPINION
BEVILACQUA, Chief Justice.
The defendant, Joseph L. Benton, was charged by indictment of murder (count 1) and assault with intent to murder (count 2). After a trial before a jury in the Superior Court, the defendant was convicted of murder in the first degree on count 1 and assault with a dangerous weapon, a lesser included offense under count 2. The defendant appeals.
During the early evening of September 19, 1977, Arthur E. Pine saw defendant...
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