Decision Pursuant to Rule 1:28.
So much of the judgment and verdict as convicts the defendant of assault and battery upon a person sixty years or older by means of a dangerous weapon is vacated and set aside, respectively. The case is remanded to the District Court for entry of a finding of guilt of the lesser included offense of assault and battery by means of a dangerous weapon, G .L. c. 265, § 15A (b), and for...
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