State v. Cass

The defendant, Stephen R. Cass, was indicted on the charge of aggravated assault. The indictment alleged that he knowingly caused bodily injury to another through use of a deadly weapon. At the completion of the trial, a jury returned a verdict of guilty. The court sentenced the defendant to nine months in the house of correction. The defendant appealed his conviction on the ground that the judge’s instructions to the jury impermissibly broadened the indictment, thereby denying him his right to a fair trial. Because the defendant failed to object to the instructions at trial, he is precluded…