McCastle

The petitioner McCastle is incarcerated at the Massachusetts Correctional Institution at Cedar Junction. In his petition for habeas corpus and accompanying affidavit, filed with a single justice of this court, McCastle asserted that he had been convicted of two counts of assault by means of a dangerous weapon on indictments charging him with armed assault with intent to rob. He claimed that these convictions and his resultant imprisonment were invalid because assault by means of a dangerous weapon is not a lesser included offense of armed assault with intent to rob. His affidavit states that…