Massachusetts Supreme Judicial Court· 3/11/2004

Commonwealth v. Brum

Citations

441 Mass. 199
804 N.E.2d 902
2004 Mass. LEXIS 132

How courts have described this case

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

no sudden combat where victim, who was armed with hammer, did not actually strike defendant or his brother or attempt to do so
predicate felony does not merge when jury convict on theory of extreme atrocity or cruelty
manslaughter instruction not required where no evidence “that makes a theory of reasonable provocation or sudden combat tenable”
“where, as here, the conviction of murder is based on a theory in addition to the theory of felony-murder, the conviction of the underlying felony stands”
no sudden combat where victim, who was armed with hammer, did not actually strike defendant or his brother or attempt to do so
“Spontaneous and unprovoked statements are admissible even if made after a defendant has invoked his right to remain silent”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ireland

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Cited by

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

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

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