Commonwealth v. Borges

The defendant was indicted for assault with intent to murder and for assault and battery by means of a dangerous weapon. He was convicted of both charges after a jury trial held pursuant to G. L. c. 278, §§ 33A-33G. The sole assignment of error argued to this court concerns a portion of the judge’s instructions to the jury. Both charges arise from an unprovoked stabbing incident which occurred in New Bedford on June 27, 1971. At trial, after some hesitation, the victim identified the defendant as his attacker. The victim also testified that the defendant had approached him between the…