Massachusetts Supreme Judicial Court· 8/1/2011

Commonwealth v. Stokes

Citations

460 Mass. 311
951 N.E.2d 48
2011 Mass. LEXIS 683

How courts have described this case

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

armed home invasion could not serve as predicate felony because act of pointing gun at victim in course of shooting him was not sufficiently separate from shooting itself
armed home invasion could not serve as predicate felony because act of pointing gun at victim in course of shooting him was not sufficiently separate from shooting itself
armed home invasion could not be predicate for felony murder conviction where intruder pointed gun at victim through open door, then fired fatal shot within matter of seconds
in trial resulting in murder conviction, no error occurred requiring allowance of defendant’s motion for new trial where judge did not instruct on lesser included offense supported by evidence and no party had requested such instruction
\adequacy of instructions is determined by their over-all impact on the jury\

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Judges: Botsford

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