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Commonwealth v. Stokes

Citations

  • 374 N.E.2d 87
  • 374 Mass. 583
  • 1978 Mass. LEXIS 878

How courts have described this case

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

  • applying “more careful scrutiny” to instructions “in any case where the trial occurred after the date of Mullaney ”
  • applying \more careful scrutiny\ to instructions \in any case where the trial occurred after the date of Mullaney \
  • declining the “escape route” of Hankerson footnote 8 and holding that no request or exception at trial is required to preserve full direct review of Mullaney claims in cases tried before Mulla-ney was decided
  • instruction that defendant guilty only of manslaughter, not murder, where defendant privileged to use force in self-defense but used excessive force
  • if no objection is made to admission of private marital conversation, it may be admitted for its substance
  • contemporaneous objection rule does not apply where “the question is one of the retroactive application of certain constitutional requirements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Quirico, Braucher, Kaplan, Wilkins, Liacos, Abrams

Read full opinion on CourtListener

Cited by

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

Cites

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

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.