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Commonwealth v. Evans

Citations

  • 454 N.E.2d 458
  • 390 Mass. 144
  • 1983 Mass. LEXIS 1672

How courts have described this case

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

  • felony-murder rule makes accidental discharge of a weapon irrelevant because intent to commit the felony, not the killing, provides the requisite malice
  • defendant who kills victim in commission or attempted commission of robbery while armed with gun guilty of murder by application of felony-murder role
  • defendant not entitled to self-defense instruction where underlying felony was armed assault with intent to rob
  • victim did not use excessive force and thus court declined to consider whether the defendant’s right to self-defense may have been restored
  • felony-murder applies where victim was killed by accidental discharge of gun

Source: CourtListener parenthetical corpus (CC0).

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

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.