Massachusetts Supreme Judicial Court· 9/15/2009

Commonwealth v. Santos

Citations

454 Mass. 770
912 N.E.2d 985
2009 Mass. LEXIS 638

How courts have described this case

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

concluding that same error, by itself, requires reversal of conviction of murder in first degree
where gun went off during struggle between defendant and victim, defendant entitled to instruction on self-defense with dangerous weapon [deadly force]
\A person using a dangerous weapon [or deadly force] in self-defense must also have actually believed that he was in imminent danger of serious harm or death\
\The jury cannot reach the question of excessive force in self-defense unless they decide that the defendant has exercised his right of self-defense in the first place\
“The jury cannot reach the question of excessive force in self-defense unless they decide that the defendant has exercised his right of self-defense in the first place”
“A person using a dangerous weapon [or deadly force] in self-defense must also have actually believed that he was in imminent danger of serious harm or death”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cowin, Gants

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Cited by

20 cases in this archive cite this case.

Cites

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

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