Massachusetts Supreme Judicial Court· 6/10/1980

Commonwealth v. Fitzgerald

Citations

406 N.E.2d 389
380 Mass. 840
1980 Mass. LEXIS 1190

How courts have described this case

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

“An intention to inflict injury on a person without justification or palliation is malicious within the meaning of the law.”
\An intention to inflict injury on a person without justification or palliation is malicious within the meaning of the law.\
one charge on presumption of malice from intentional use of a deadly weapon, and interchangeable use of words “presumption” and “permissible inference”
“the effect on the jury of whatever a judge says or does may be significant”
“Trial counsel’s failure to come to the defense of his client can only be explained by his tactical judgment that what occurred was not significantly prejudicial to his client”
sufficient evidence to warrant jury’s finding of malice and returning verdict of murder in second degree where defendant, after professing intention to injure victims, intentionally used deadly weapon on them

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Quirico, Braucher, Wilkins, Abrams

Read full opinion on CourtListener

Cited by

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

Cites

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

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