COMMONWEALTH v. GORASSI


432 Mass. 244 (2000)

COMMONWEALTH v. ARTHUR J. GORASSI, JR.

Supreme Judicial Court of Massachusetts, Middlesex.

August 9, 2000.


Attorney(s) appearing for the Case

David W. Cunis, Assistant District Attorney, for the Commonwealth.

Joseph J. Balliro for the defendant.

Present: MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, SPINA, & COWIN, JJ.


IRELAND, J.

After a one-day jury-waived trial in the Superior Court, the defendant was convicted on three indictments charging "assault... with intent to commit a felony, to wit: kidnapping." See G. L. c. 265, §§ 26, 29. On appeal, the defendant argues that the judge applied an erroneous concept of assault. The defendant also challenges the sufficiency of the evidence presented at trial.1 We conclude that the judge may have applied...

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