Commonwealth v. Marrero

Upon conviction by a jury in the Superior Court of charges of attempted escape (G. L. c. 268, § 16) and assault and battery by means of a dangerous weapon (G. L. c. 265, § 15A), the defendant was sentenced to concurrent terms of imprisonment. On appeal, he attacks only his conviction on the assault and battery charge, claiming that the judge erred in denying his motion for a required finding of not guilty and in inadequately instructing the jury. Both contentions involve proof of the dangerous weapon element of the offense.

There was evidence in the Commonwealth’s case as follows. On November…