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COMMONWEALTH v. FORTIER

No. 99-P-1346.

56 Mass. App. Ct. 116 (2002)

COMMONWEALTH v. ROBERT L. FORTIER, SECOND.

Court of Appeals of Massachusetts, Hampshire.

September 27, 2002.

Attorney(s) appearing for the Case

Daniel J. Murphy for the defendant.

Steven Greenbaum, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, CYPHER, & BERRY, JJ.

BERRY, J.

The issue presented is whether a criminal violation under the abuse prevention statute for "attempting to cause ... physical harm," G. L. c. 209A, § 1(a),1 requires that the attempt be proved consistent with the elements of proof generally required for attempted criminal offenses, or whether the term "attempting" in this provision of c. 209A has a different meaning...

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