Commonwealth v. LaBrie
Annotate this CaseDefendant was charged with attempted murder and related assault and battery and child endangerment crimes for not giving prescribed chemotherapy and other medications designed to treat the cancer from which her son ultimately died. The Supreme Judicial Court affirmed Defendant’s conviction of reckless child endangerment but reversed the judgments on the assault and battery charges and the order denying Defendant’s motion for a new trial on the charge of attempted murder, holding (1) the judge’s instructions correctly explained the elements of attempted murder, and nonachievement of murder is not an element of attempted murder; (2) the trial evidence was insufficient to permit convictions of the two assault and battery charges, and the judge’s instructions were legally incorrect; and (3) the judge erred in denying Defendant’s motion for a new trial on the ground of ineffective assistance of counsel. Remanded.
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