Commonwealth v. Franks

How courts have described this case

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

• failure of defendant to except to judge’s charge to jury does not preclude court from vacating sentence imposed for crime not committed
• “it is not a function of . . . [an appellate] court to review an otherwise lawful sentence which is within the limits of the applicable statutory provisions”
• \crime of statutory rape ... is a crime included within the crime of forcible rape ... which was charged in the indictment\
• lawful sentence is one “which is within the limits of the applicable statutory provisions”

Source: CourtListener parenthetical corpus (CC0).