· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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