State v. Benson

These two respondents were indicted for assault and battery on one William Reagan, on August 8, 1957. They were tried together and found guilty by a jury. The presiding justice thereafter found that the offenses were of a high and aggravated nature.

The case is before us on exceptions by the respondents to certain portions of the charge of the presiding justice and to the refusal of the presiding justice to give a certain requested instruction to the jury.

It appears from the evidence that the respondents, accompanied by the wife of one of them, had frequented a number of places in the vicinity…