COMMONWEALTH v. JOHNSTON

No. 04-P-1207.

63 Mass. App. Ct. 680 (2005)

COMMONWEALTH v. CRAIG JOHNSTON.

Appeals Court of Massachusetts, Hampden.

June 8, 2005.


Attorney(s) appearing for the Case

Daniel J. Bennett for the defendant.

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

Present: Perretta, Grasso, & Mills, JJ.


GRASSO, J.

In this appeal, we examine the considerable complexity arising from decisional law that defines "malice" for the crime of assault with intent to murder differently from "malice" for the crime of murder. A jury found the defendant guilty of armed assault with intent to murder based on an incident that occurred at his wife's workplace on December 17, 2002. On appeal, the defendant maintains that because the jury heard evidence of his fragile emotional state...

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