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Home / Opinion Digests / Criminal – Attempted Murder – Lesser Offense – Assault & Battery (access required)

Criminal – Attempted Murder – Lesser Offense – Assault & Battery (access required)

Although defendant, who shot and wounded a police officer who was attempting to enforce an order to evict defendant, testified at trial that he was only shooting to scare whoever was outside the door, defendant's testimony alone will not support a jury instruction for the lesser included offense of assault and battery, and his conviction ...

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