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· 5/2/1980

Commonwealth v. Niziolek

Citations

  • 404 N.E.2d 643
  • 380 Mass. 513
  • 1980 Mass. LEXIS 1131

How courts have described this case

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

  • comment permissible if the evidence is so strong that the defendant, if innocent, could be expected to call the witness
  • failure of judge to define one of elements of arson, along with other instructional errors, required reversal of arson conviction
  • at arson trial, where judge failed to define malice, the jury could not determine whether Commonwealth had carried its burden of establishing this element beyond a reasonable doubt
  • malice as a necessary element of the crime of arson
  • malice as a necessary element of the crime of arson

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Braucher, Kaplan, Liacos, Abrams

Read full opinion on CourtListener

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.