23 Mass. App. Ct. 966 | Mass. App. Ct. | 1987
According to the uncontradicted evidence in this case, on March 31, 1984, the defendant, while a prisoner at M.C.I., Walpole (now Cedar Junction), employed a homemade knife to stab a correctional officer in the back fourteen times and then kicked him in the face after he was down. The incident led to indictments of the defendant for assault while armed with a dangerous weapon and with intent to murder (G. L. c. 265, § 18[£>]), assault and battery by means of a dangerous weapon (two indictments) (G. L. c. 265, § 15A[¿>]), and assault and battery on a correctional officer (G. L. c. 127, § 38B). A jury acquitted the defendant on the indictment for assault with intent to murder but convicted him on the other indictments.
So ordered.
A companion indictment for carrying a dangerous weapon (G. L. c. 269, § 10[6]) was not tried and was placed on file without a change of plea.
His case has been before the Supreme Judicial Court on four separate occasions. See 370 Mass. 746 (1976); 376 Mass. 499 (1978); 381 Mass. 753 (1980); 397 Mass. 303 (1986).