State v. Walsh

This case is before us on certification from the Superior Court of a question of doubt and importance. The defendant was charged on an indictment with an assault upon his brother with the intent of murdering him. Evidence was presented at a jury trial which showed that on Christmas Eve 1968, the defendant fired a pistol at his brother and wounded him in the head. In his charge the trial justice alluded to the provisions of G. L. 1956, § 12-17-14 1 and informed the jury that on the evidence before them, they could find the defendant guilty of any lesser offense contained within the offense…