Commonwealth v. Jervis

At a single trial made subject to G. L. c. 278, §§ 33A-33G, the defendant was tried on indictments charging that he, being armed with a dangerous weapon, assaulted a girl sixteen years of age (victim) with intent to murder her, G. L. c. 265, § 18, and that he stole a motor vehicle, G. L. c. 266, § 28. On the former indictment, the jury found him guilty of the lesser included offense of assault with intent to kill, see Commonwealth v. Demboski, 283 Mass. 315, 321-324 (1933), and the judge sentenced him to eight to ten years at the Massachusetts Correctional Institution at Walpole. On the…