Skip to main content

Commonwealth v. Thomas

Citations

  • 514 N.E.2d 1309
  • 401 Mass. 109
  • 1987 Mass. LEXIS 1506

How courts have described this case

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

  • holding that permitting both conviction of indecent assault and battery and conviction of rape to stand, when they were so close in fact as to constitute one crime, constituted substantial risk of a miscarriage of justice
  • noting distinction between situations where indecent assault and battery and rape constitute one crime and situations where offenses were “separate and incidental”
  • “Where credibility is at issue, it is certainly proper for counsel to argue from the evidence why a witness should be believed”
  • indecent assault and battery, G. L. c. 265, § 13H, is lesser included offense of rape, G. L. c. 265, § 22
  • “[lawyers . . . must not misstate principles of law nor may their summations infringe or denigrate constitutional rights”
  • conviction of indecent assault and battery on mentally retarded person required knowledge that victim was mentally retarded

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Wilkins, Liacos, Nolan, Lynch

Read full opinion on CourtListener

Cited by

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

Cites

30 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.