Commonwealth v. Franchino

The defendant was convicted by a Superior Court jury of assault with intent to maim, G. L. c. 265, § 15, and assault and battery, G. L. c. 265, § 13A. He was found not guilty on a charge of attempted murder. On appeal, he argues that (1) the trial judge’s instructions with respect to self-defense were *368fatally defective; (2) the judge failed to instruct properly with respect to the scienter requirement of G. L. c. 265, § 15; and (3) the evidence supporting the conviction of the latter offense was legally insufficient. We reverse on the basis of the defendant’s first argument.

Facts. The victim…