Massachusetts Appeals Court
January 5, 2011
78 Mass. App. Ct. 515
Assault and Battery, Wanton or Reckless Conduct, Reckless Endangerment of a Child, Lesser included offense, Request for jury instructions, Expert Opinion
A grand jury issued two indictments against the defendant –assault and battery upon a child under fourteen years of age causing substantial bodily injury and wantonly and recklessly permitting an assault and battery upon a child that caused the child substantial bodily injury. Per the defendant’s request, the trial judge gave an instruction on reckless endangerment of a child as a lesser included offense of second charge. The jury found the defendant guilty of reckless endangerment of a child. The defendant filed a motion to vacate the conviction, which was denied. On appeal, the defendant argued that reckless endangerment is not a lesser included offense and that the Commonwealth’s expert offered an impermissible opinion about an ultimate issue in the case. The judgment was affirmed.
