Commonwealth v. Shea case brief

Commonwealth v. Shea case brief summary
496 N.E.2d 631 (1986)

CASE SYNOPSIS

The Appeals Court (Massachusetts) reversed defendant's conviction of armed assault with intent to murder. The commonwealth requested review of the order.

CASE FACTS
The victim was attacked by two people, but could not identify which of the two actually stabbed him. Defendant argued that the assault with intent to murder conviction had to be reversed because the trial judge incorrectly instructed the jury regarding the intent required for that crime.

DISCUSSION

• The court reversed the order of the appellate court and affirmed defendant's conviction. 
• The trial judge's charge inadequately conveyed to the jury that a conviction for armed assault with intent to murder required a finding of actual, subjective intent to kill. 
• However, the error did not create a substantial risk of a miscarriage of justice. 
• The issue of intent was not highly contested at trial, and the seriousness of the wound disclosed by the evidence was inconsistent with any intent other than an intent to kill. 
• Therefore, no harm accrued to defendant from the jury charge on the mental state required for assault with intent to murder.

CONCLUSION
Contrary to the order of the appellate court, the judgment convicting defendant of armed assault with intent to murder was affirmed.

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