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Commonwealth v. Kane

Citations

  • 472 N.E.2d 1343
  • 19 Mass. App. Ct. 129
  • 1984 Mass. App. LEXIS 1882

How courts have described this case

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

  • instruction erroneous where judge instructed “[tjhe presumption of innocence remains with the defendant until evidence of guilt is introduced” [emphasis added]
  • “a ‘jury may raise very damaging inferences from the bare fact that the defendant has somehow flown’ ”
  • when trial conducted in absentia, defendant may seek new trial if further information reveals absence was involuntary
  • weak evidence of consciousness of guilt should be excluded or jury charged against making inference
  • impermissible for judge “to array the facts with a bias [whether or not conscious] and so in effect to ‘comment’ on the evidence, to convey his own view of where the weight of the evidence lies”

Source: CourtListener parenthetical corpus (CC0).

Judges: Grant, Kaplan, Fine

Read full opinion on CourtListener

Cited by

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

Cites

43 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.