Commonwealth v. Morris

In the early morning of November 27, 2005, the *734defendant, Joseph Moms, stabbed Kevin Bums in the chest during a brief altercation on Portland Street in Boston. A Suffolk County grand jury indicted the defendant on a charge of aggravated assault and battery by means of a dangerous weapon (a knife), in violation of G. L. c. 265, § 15A (c). Following a jury trial in April, 2010, the defendant was convicted of the lesser included offense of assault and battery by means of a dangerous weapon. He appealed from his conviction, and we granted his application for direct appellate review. The defendant…