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Commonwealth v. Marshall

Citations

  • 434 Mass. 358
  • 749 N.E.2d 147
  • 2001 Mass. LEXIS 335

How courts have described this case

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

  • where victim was “crying and nervous” and “in fear,” victim’s statement admissible as excited utterance two hours after defendant threatened her with knife to her throat
  • adult victim's statements made two hours Page 391 after defendant held knife to her throat admissible where victim was \in a highly agitated state\
  • third party’s testimony that defendant had related to her a threat to the victim some three weeks before murder was an admission by a party opponent
  • victim's statement from two hours after defendant threatened her with knife is admissible as excited utterance
  • declarant's statement made while she was \crying and nervous\ and \in fear\ qualified as excited utterance even though made two hours after defendant threatened her with knife
  • victim’s mother’s testimony admissible even though it evoked sympathy from jury because it explained “victim’s presence in the crack house and . . . provide [d] ‘family background information’ ‘to humanize the proceedings’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ireland

Read full opinion on CourtListener

Cited by

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

Cites

46 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.