Commonwealth v. Dixon

The issue in this case is whether assault and battery is a lesser included offense within G. L. c. 265, §16, the crime of “attempt [ing] to commit murder by poisoning, drowning or strangling another person, or by any means not constituting an assault with intent to commit murder.” The one-count indictment alleged that the defendant “did attempt to commit murder of [the victim], and in such attempt did strangle her by choking; but did fail in. the perpetration of said attempted murder.” The evidence at the defendant’s jury trial warranted a verdict of guilty as charged, and the judge properly…