Commonwealth v. Hickey

Agnes, A.J.

Each of the defendants has filed a motion to dismiss one of the three counts in the indictments returned against them by the Grand Jury on grounds that there was no evidence offered in support of the charge. See Commonwealth v. McCarthy, 385 Mass. 160 (1982).

BACKGROUND

Each of the defendants is charged in an indictment with three counts: Assault and Battery in violation of G.L.c. 265, §13A, Assault and Battery by Means of a Dangerous Weapon (a shod foot) in violation of G.L.c. 265, 15A(b), and Assault and Battery by Means of a Dangerous Weapon (electrical third rail) Causing Serious…