Commonwealth v. Boodoosingh

On appeal from a conviction of assault by means of a dangerous weapon, the defendant argues that (1) the evidence of assault under an attempted battery theory was insufficient, and (2) the judge’s instruction on that theory of assault gives rise to a substantial risk of a miscarriage of justice. We affirm.

1. Sufficiency of the evidence. Nancy Lizardo, the victim’s mother, related that during the encounter between the defendant and her son, Luis, she jumped between the two young men and told them that if they were to fight at all, they should not fight with weapons. Despite her entreaty, the…