FRIED, J.
The defendant, Everett Sexton, was convicted on a joint venture theory of assault and battery by means of a dangerous weapon and wilful and malicious destruction of property. On appeal, the Appeals Court affirmed his conviction of wilful and malicious destruction of property, but reversed his conviction of assault and battery by means of a dangerous weapon on the ground that concrete pavement, the instrumentality at issue, is not a dangerous weapon. Commonwealth...
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