· 6/14/1994
Commonwealth v. Claudio
Citations
- 634 N.E.2d 902
- 418 Mass. 103
- 1994 Mass. LEXIS 319
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- referring to penalty provision for armed burglary in G. L. c. 266, § 14, “imprisonment in the state prison for life or for any term of not less than ten years,” albeit without any detailed discussion, as “mandatory minimum sentence”
- armed burglary in dwelling with assault therein, under G. L. c. 266, § 14, is inherently dangerous felony and supported conviction for felony-murder
- defendant entitled to instruction that was supported by evidence even where it was “somewhat at odds with the defendant’s trial strategy”
- “unlawful entry during the night time into a dwelling . . . inevitably poses a high degree of danger to any and all occupants”
- “The felony-murder rule in Massachusetts ‘is defined by common law.’ ” (Citations omitted.)
- defendant's request for instruction, combined with prosecutor's postcharge claim of error in omitting such instruction, sufficed to preserve issue for defendant's appeal
Source: CourtListener parenthetical corpus (CC0).
Judges: Liacos, Nolan, O'Connor, Greaney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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