Tracy v. Olson

MEMORANDUM AND ORDER ON MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

STEARNS, District Judge.

After review, I will adopt Magistrate Judge Dein’s Report and Recommendation. 1 That a defendant may be convicted of two statutory offenses arising out of the same criminal episode if each crime “requires proof of an additional fact that the other does not,” is a long-established rule of law. Morey v. Commonwealth, 108 Mass. 433, 434 (1871). 2 Assault with intent to maim (second branch) 3 requires proof of a specific intent to maim or disfigure, while assault with intent to murder requires proof of a…