Massachusetts Supreme Judicial Court· 1/3/1989

Commonwealth v. Boucher

Citations

532 N.E.2d 37
403 Mass. 659
1989 Mass. LEXIS 3

How courts have described this case

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

holding that when self-defense is carried out with excessive force, a defendant would be guilty of manslaughter
because malice and adequate provocation are “mutually exclusive,” Commonwealth must prove beyond reasonable doubt absence of provocation in order to sustain murder conviction
error where instructions failed to inform jury that malice and adequate provocation are “mutually exclusive”
self-defense charge required where victim attacked the defendant, delivering a karate kick to his head
reversal of murder conviction required where, on judge’s charge, jury could have found malice even if they found provocation
“one who acts on reasonable provocation could still deliberately premeditate his intention to kill”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Wilkins, Liacos, Lynch, O'Connor

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Cited by

46 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

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