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Commonwealth v. Santos

Citations

  • 440 Mass. 281
  • 797 N.E.2d 1191
  • 2003 Mass. LEXIS 717

How courts have described this case

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

  • explaining that the use of “actual force” or the “threat of force” are two “alternative... forms of assault” that can be used to commit robbery
  • describing the assault element of armed robbery as requiring either a “threat” or an “application of force”
  • vacating a conviction of assault by means of a dangerous weapon as duplicative of a conviction of armed robbery, even though one was not a lesser included offense of the other, because no separate and distinct act instruction was given
  • jury were not required to be unanimous as to which form of assault was relied on to satisfy assault element of armed robbery
  • “[V]oluntary and involuntary manslaughter are mutually exclusive — one cannot kill both intentionally and unintentionally at the same time.”
  • conviction of assault by means of a dangerous weapon vacated as duplicative of an armed robbeiy charge

Source: CourtListener parenthetical corpus (CC0).

Judges: Sosman

Read full opinion on CourtListener

Cited by

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

Cites

44 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.