Commonwealth v. Diaz

A jury convicted the' defendant of the following charges: (1) armed assault with intent to murder Bernard French; *210(2) mayhem (second branch)1 upon Bernard French; (3) assault and battery by means of a dangerous weapon upon Bernard French; (4) armed assault with intent to murder Francis Capone; and (5) assault and battery by means of dangerous weapon upon Francis Capone. The defendant conceded during his jury trial that he attacked and cut two fellow inmates with a razor. The theory of the defense was that he lacked the requisite intent because of mental health problems, as shown by his…