State v. Massey

*667Doris, J.

The defendant, Milton C. Massey, III, was tried before a justice of the Superior Court sitting with a jury on an indictment charging him with two counts of assault with a dangerous weapon (a knife) in violation of G.L. 1956 (1969 Reenactment) §11-5-2. The defendant was found guilty on one count and not guilty on the other. He was sentenced to four years at the Adult Correctional Institutions, two years suspended, with four years probation thereafter. Execution was stayed pending appeal.

The sole issue raised on appeal by defendant is the trial justice’s denial of his motion to pass…