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Commonwealth v. Shea

Supreme Judicial Court of Massachusetts

496 N.E.2d 631 (1986)

Relevant factsFree

Shea (defendant) and a companion, Couronis, assaulted Jeffrey Thyng, who was stabbed in the chest during the altercation and could not identify which of the two men stabbed him; police found a blood-soaked knife on Shea's belt and blood on his hands, coat, and arm, while Couronis had blood only on his clothing. Shea was convicted of armed assault with intent to murder based on a jury instruction requiring intent to murder or kill rather than more clearly specifying a subjective intent to kill; he appealed, arguing the instruction failed to convey the specific subjective-intent requirement.

IssueFree

Whether, in Massachusetts, a conviction for the crime of assault with the intent to kill requires proof of the defendant's actual subjective intent to kill the victim.

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