Commonwealth v. Hebert

The defendant appealed his conviction of “attempted manslaughter,” and we allowed his application for direct appellate review. We hold that there is no such crime, and reverse.

The defendant was indicted for attempted murder, rape, assault with intent to murder, and assault and battery, all arising out of an incident on February 22, 1975. After trial in May, 1975, he was acquitted of rape and assault with intent to murder and convicted of assault and battery and attempted manslaughter. He was sentenced to two and one-half years in a house of correction on the charge of assault and battery, and…