COMMONWEALTH v. DREYER


18 Mass. App. Ct. 562 (1984)

468 N.E.2d 863

COMMONWEALTH vs. WILLIAM L. DREYER, JR.

Appeals Court of Massachusetts, Worcester.

September 21, 1984.


Attorney(s) appearing for the Case

Eric Brandt for the defendant.

Claudia R. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: BROWN, CUTTER, & KASS, JJ.


CUTTER, J.

Dreyer appeals from the convictions upon various complaints. We reverse the convictions on grounds outlined below.

1. Assault and Battery by Means of a Dangerous Weapon.

Dreyer contends that the judge's instructions on assault and battery by means of a dangerous weapon improperly did not require the jury to find that he intended to use a screwdriver as a dangerous weapon.1 In Commonwealth v.

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