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Commonwealth v. Shea

Citations

  • 496 N.E.2d 631
  • 398 Mass. 264
  • 1986 Mass. LEXIS 1457

How courts have described this case

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

  • rejecting defendant's argument that hypothetical about missing piece of chocolate cake too closely paralleled facts of his case
  • \defendant's theory of his case cannot relieve the Commonwealth of its burden of proving every element of a crime beyond a reasonable doubt\
  • “defendant’s theory of his case cannot relieve the Commonwealth of its burden of proving every element of a crime beyond a reasonable doubt”
  • Commonwealth’s burden of proving every element of case cannot be transferred to defendant because of counsel’s choice of defense
  • “defendant’s theory of his case cannot relieve the Commonwealth of its burden of proving every element of a crime beyond a reasonable doubt”
  • where element not contested issue at trial no substantial risk of miscarriage of justice from erroneous instruction

Source: CourtListener parenthetical corpus (CC0).

Judges: Abrams, Hennessey, Nolan, O'Connor, Wilkins

Read full opinion on CourtListener

Cited by

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

Cites

8 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.