Massachusetts Appeals Court· 8/20/1991
Commonwealth v. Farrell
Citations
- 576 N.E.2d 710
- 31 Mass. App. Ct. 267
- 1991 Mass. App. LEXIS 617
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- conviction of offense not alleged in complaint “probably jurisdictional”; if not, is substantial risk of miscarriage of justice; defendant’s consent to instruction immaterial
- conviction of offense not alleged in complaint \probably jurisdictional\; if not, is substantial risk of miscarriage of justice; defendant's consent to instruction immaterial
- \defendant's conviction of an offense not alleged in the complaint [could not] stand\ under substantial risk of miscarriage of justice standard
- offensive battery not lesser included offense of indecent assault and battery on child under fourteen because latter does not require proof of lack of consent
- “[b]y St. 1986, c. 187, the Legislature amended § 13B to exclude lack of consent as an element of the crime of indecent assault and battery on a child under fourteen”
- reversed conviction of offense not charged in complaint
Source: CourtListener parenthetical corpus (CC0).
Judges: Armstrong, Brown, Greenberg
Read full opinion on CourtListenerCited by
9 cases in this archive cite this case.
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court· 1997-12-17· cited 35×
- Commonwealth v. CruzMassachusetts Appeals Court· 2018-04-13· cited 12×
- Commonwealth v. Niels N.Massachusetts Appeals Court· 2009-02-23· cited 8×
- Commonwealth v. TraynorMassachusetts Appeals Court· 1996-06-06· cited 6×
- COMMONWEALTH v. GEORGE MACKIE.Massachusetts Appeals Court· 2021-07-29· cited 6×
- Commonwealth v. WalkerMassachusetts Appeals Court· 1997-01-02· cited 4×
- Commonwealth v. PortonovaMassachusetts Appeals Court· 2007-07-06· cited 3×
- Commonwealth v. RoderiquesMassachusetts Appeals Court· 2011-01-05· cited 2×
- Cruz v. CommonwealthMassachusetts Appeals Court· 2023-06-07
Cites
5 cases in this archive are cited by this case.
- Commonwealth v. MirandaMassachusetts Appeals Court· 1986-04-07· cited 137×
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court· 1983-11-22· cited 109×
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court· 1948-04-12· cited 89×
- Commonwealth v. EatonMassachusetts Appeals Court· 1974-04-02· cited 23×
- Commonwealth v. RodriguezMassachusetts Appeals Court· 1981-02-13· cited 20×
Sourced from CourtListener / Free Law Project (CC0).
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