Commonwealth v. Porro

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reaffirming Santos in dicta and stating that “we do not require that a jury be unanimous as to which theory of assault forms the basis for their verdict”
• noting relevance, in application of Morey test, of \Legislature's statutory grouping\ of offenses
• assault as attempted battery is “clearly” lesser included offense of intentional assault and battery, because only additional element in latter is completion by actual touching
• because “elements in threatened battery are generally incidental to an intentional assault and battery,” crimes are duplicative
• \[A] lesser included offense is one whose elements are a subset of the elements of the [greater] charged offense\
• “[Djouble jeopardy prohibits a defendant from being convicted and, therefore, sentenced, for both the greater and lesser offense as a result of the same act”

Source: CourtListener parenthetical corpus (CC0).