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Commonwealth v. Sheppard

Citations

  • 537 N.E.2d 583
  • 404 Mass. 774
  • 1989 Mass. LEXIS 145

How courts have described this case

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

  • treating such acts or omissions in a criminal context as the legal equivalent of intentional conduct
  • requiring proof that battery was harmful and noting “[a] harmful battery occurs when the touching is done with such violence that harm is likely to result”
  • defendant hit victim in face, causing him to fall back, hit his head and eventually die
  • evidence that defendant pushed victim after taking merchandise from him sufficed to make crime robbery instead of larceny
  • “[T]he exertion of force, actual or constructive, remains the principal distinguishing characteristic between a robbery and the underlying larceny.”
  • punch by defendant that caused victim to fall to street and suffer head injury, resulting in death, was sufficient to support jury's finding of intentional battery and resulting manslaughter conviction

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins, Liacos, Abrams, Nolan, Lynch

Read full opinion on CourtListener

Cited by

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

Cites

14 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.