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COMMONWEALTH v. KING

23 Mass. App. Ct. 88 (1986)

498 N.E.2d 1375

COMMONWEALTH vs. JAMES F. KING, JR.

Appeals Court of Massachusetts, Essex.

November 3, 1986.

Attorney(s) appearing for the Case

Daniel T. Bowie for the defendant.

Richard A. McGovern, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., QUIRICO, & GRANT, JJ.

GREANEY, C.J.

A Superior Court jury found the defendant guilty of assault and battery by means of a dangerous weapon and of assault with intent to kill. The latter conviction was returned on an indictment charging assault with intent to murder. Represented by new counsel on appeal, the defendant argues (1) that the judge's instructions allowed the jury to convict him of assault with intent to kill without their finding

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