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Massachusetts Supreme Judicial Court· 12/14/2010

Commonwealth v. Porro

Citations

  • 458 Mass. 526
  • 939 N.E.2d 1157
  • 2010 Mass. LEXIS 935

How courts have described this case

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

  • reaffirming Santos in dicta and stating that “we do not require that a jury be unanimous as to which theory of assault forms the basis for their verdict”
  • noting relevance, in application of Morey test, of \Legislature's statutory grouping\ of offenses
  • assault as attempted battery is “clearly” lesser included offense of intentional assault and battery, because only additional element in latter is completion by actual touching
  • because “elements in threatened battery are generally incidental to an intentional assault and battery,” crimes are duplicative
  • \[A] lesser included offense is one whose elements are a subset of the elements of the [greater] charged offense\
  • “[Djouble jeopardy prohibits a defendant from being convicted and, therefore, sentenced, for both the greater and lesser offense as a result of the same act”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gants

Read full opinion on CourtListener

Cited by

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

Other cases named Commonwealth v. Porro

1 other CourtListener record shares this case 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.