Commonwealth v. Mello

After a jury trial, the defendant was convicted of assault and battery by means of a dangerous weapon, indecent assault and battery on a person fourteen years of age or over, and two counts of assault and battery on a family or household member. He appeals, claiming that the judge erred in denying his motion for a required finding of not guilty on the charge of assault and battery by means of a dangerous weapon.2 We affirm.

A conviction of assault and battery by means of a dangerous weapon pursuant to G. L. c. 265, § 15A, requires proof, beyond a reasonable doubt, that an assault occurred, as…