Massachusetts Supreme Judicial Court· 5/13/1996

Commonwealth v. Plunkett

Citations

422 Mass. 634
664 N.E.2d 833
1996 Mass. LEXIS 111

How courts have described this case

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

holding that a new trial was required when the jury were instructed on both premeditated murder and felony-murder but the evidence could support only felony-murder
holding that, if there is insufficient evidence to support one theory in an alternative theory murder conviction, then the defendant is entitled to a new trial
rejecting the government’s attempt to abandon the established rule in light of Griffin and noting that “[i]f the judge tells a jury that they may find the defendant guilty on a theory that is factually unsupported (in effect committing an error of law
evidence would have sufficed to show malice based on plain and strong likelihood of death where defendant bound and gagged victim, resulting in victim’s death
“there must be evidentiary support for each theory of guilt on which the judge tells the jury they may find the defendant guilty”
rejecting Griffin on state law grounds

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins

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Cited by

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

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

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