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Commonwealth v. Shaffer

Citations

  • 326 N.E.2d 880
  • 367 Mass. 508
  • 1975 Mass. LEXIS 866

How courts have described this case

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

  • stating that there is no right of self-defense until the defendant has availed himself of all proper means to avoid physical combat and there is no recognized exception to this general rule in Massachusetts
  • stating that “assault is an attempt or threat to do bodily harm”
  • declining to adopt majority rule that one assaulted in own home need not retreat before resorting to use of deadly force
  • jury must receive complete instructions from judge, including explanation of proper factors to be considered in determining issue
  • instruction that defendant had right to be in her home when she shot victim not misleading because made clear that location of assault was factor for jury to consider
  • “definition of assault is an attempt or threat to do bodily harm”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tauro, Reardon, Quirico, Braucher, Hennessey, Kaplan, Wilkins

Read full opinion on CourtListener

Cited by

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

Cites

11 cases in this archive are cited by this case.

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.