Commonwealth v. Bright

After a jury trial, Defendant was convicted of murder in the second degree, assault by means of a dangerous weapon, and unlawful possession of one firearm. Defendant's convictions arose out of the then sixteen-year-old Defendant's asserted participation in what the trial judge described as an "alleged contract killing by one drug dealer of another." Defendant appealed from his convictions and the denial of his motion for a new trial. The Supreme Court (1) affirmed Defendant's convictions of murder in the second degree and possession of a firearm; and (2) vacated Defendant's conviction of assault by means of a dangerous weapon, as assault with intent to murder and assault by means of a dangerous weapon are distinct statutory offenses, and because Defendant was indicted for the former but convicted of the latter, he was entitled to have this conviction reduced to simple assault, a lesser-inclued offense of both crimes. Remanded. View "Commonwealth v. Bright" on Justia Law