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COMMONWEALTH v. MCINTOSH

No. 01-P-1265.

56 Mass. App. Ct. 827 (2002)

COMMONWEALTH v. DANE E. MCINTOSH.

Court of Appeals of Massachusetts, Hampshire.

December 23, 2002.

Attorney(s) appearing for the Case

Malcom B.E. Smith for the defendant.

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Present: LENK, KAPLAN, & MASON, JJ.

KAPLAN, J.

Upon jury-waived trial in District Court, the judge found the defendant Dane McIntosh had committed a reckless act1 in wilfully shattering a windowpane which foreseeably by its shards caused serious bodily injuries to others, and was thus guilty of two counts of assault and battery by means of a dangerous weapon (G. L. c. 265, § 15A[b]).2

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