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Commonwealth v. Medina

Citations

  • 380 Mass. 565
  • 404 N.E.2d 1228
  • 1980 Mass. LEXIS 1136

How courts have described this case

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

  • inclusion of word “presumption” in malice instruction not error because other parts of charge correctly explained permissible inference
  • no error in judge’s charge on “malice” despite isolated use of improper language where accurate instructions appeared in the same sentence and the correct standard was repeatedly mentioned
  • one reference to presumption of malice, and repeated instructions on Commonwealth’s burden of proof
  • no error in using “finding” language with respect to elements of offense
  • extreme atrocity or cruelty sufficiently shown if one considered only beating and suffering
  • not error to omit alibi instruction where judge “otherwise made clear that the burden of showing that the defendant was present at the time and place, and thus capable of committing the crime, remains on the Commonwealth”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaplan

Read full opinion on CourtListener

Cited by

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

Cites

41 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.