Commonwealth v. Dreyer

Dreyer appeals from the convictions upon various complaints. We reverse the convictions on grounds outlined below.

1. Assault and Battery by Means of a Dangerous Weapon.

Dreyer contends that the judge’s instructions on assault and battery by means of a dangerous weapon improperly did not require the jury to find that he intended to use a screwdriver as a dangerous weapon.1 In Commonwealth v. Appleby, 380 Mass. 296, 307 (1980), the court stated that G. L. c. 265, § 15A, “does not require specific intent to injure . . . only general intent to do the act causing the injury” and (at 308) that,…