Massachusetts Appeals Court· 8/9/1989

Commonwealth v. Vasquez

Citations

542 N.E.2d 296
27 Mass. App. Ct. 655
1989 Mass. App. LEXIS 487

How courts have described this case

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

Evidence did not warrant an argument that an adverse inference be drawn against the Commonwealth from its failure to call a witness
judge properly instructed that jury could convict on rape as lesser included offense of aggravated rape where presence of gun was disputed at trial
test to determine if instruction on lesser included offense required does not depend on whether defendant or Commonwealth objects, but rather whether evidence supports such instruction
test to determine if instruction on lesser included offense required does not depend on whether defendant or Commonwealth objects, but rather whether evidence supports such instruction
“In a given case, the jury’s atten tion is drawn to the possibility of such an inference by either an instruction from the judge in his charge, or by a party in a closing argument”
“test to determine if an instruction on a lesser included offense is required does not depend on whether there is an objection by the defendant or the Commonwealth but rather whether the evidence supports the giving of such instruction”

Source: CourtListener parenthetical corpus (CC0).

Judges: Armstrong, Fine, Smith

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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.

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