Commonwealth v. Simcock

How courts have described this case

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

• discussing proper instruction on issue of consent in rape cases where victim was incapacitated in some way
• “using such force as is necessary to accomplish his purpose while knowing that she is utterly senseless so as to be unable to consent” [emphasis supplied]
• instruction included “while knowing that she is utterly senseless so as to be unable [to] consent[]”
• in prosecuting indecent assault and battery, Commonwealth must prove lack of consent as in rape case
• Commonwealth’s proof of lack of consent same in both rape and indecent assault and battery cases
• “The consequences of trial tactics may not be converted after conviction into alleged errors by the judge”

Source: CourtListener parenthetical corpus (CC0).