FINE, J.
The issue in this case is whether assault and battery is a lesser included offense within G.L.c. 265, § 16, the crime of "attempt[ing] to commit murder by poisoning, drowning or strangling another person, or by any means not constituting an assault with intent to commit murder." The one-count indictment alleged that the defendant "did attempt to commit murder of [the victim], and in such attempt did strangle her by choking; but did fail in the perpetration...
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