Commonwealth v. Robinson

On the evidence presented, the jury were warranted in finding that the defendant, wielding a sharp instrument, twice severely lacerated the victim’s face. He was convicted bn two indictments: indictment 111069, charging assault with intent to maim (G. L. c. 265, § 15), and indictment 111070, charging assault and battery by means of a dangerous weapon (G. L. c. 265, § 15A).

The defendant seeks reversal of his conviction on indictment 111069 because the judge instructed the jury on mayhem (G. L. c. 265, § 14), a crime greater than the one charged. Without objection, the judge instructed the jury…