Legal Opinion
Commonwealth v. Caparrotta
Massachusetts Appeals Court
Decided May 13, 1993No. 91-P-1177PublishedCited by 6 opinions
1Opinion of the CourtJacobs, J.
The defendant was convicted by a jury in the District Court on complaints of assault and battery, assault and battery by means of a dangerous weapon, and wilful and malicious injury to property. We agree with his contention on appeal that the judge erred in refusing to charge the jury on a good faith mistake in identification.
The pertinent identification testimony was given by Edward Foley, Jr., and his girl friend, Diane Pendergast. They told of being parked in Pendergast’s automobile on an unfin ished road in Brockton at about 11:30 p.m. on September 23, 1989, when a blue Ford Escort…
2Cases cited7 opinions
- Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. PressleyMassachusetts Supreme Judicial Court · 1983
- United States v. Thomas Michael KavanaghCourt of Appeals for the First Circuit · 1978
- Commonwealth v. RodriguezMassachusetts Appeals Court · 1978
- Commonwealth v. ElamMassachusetts Supreme Judicial Court · 1992
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3Cited by6 opinions
- 4-D Buildings, Inc. v. PalmoreIndiana Court of Appeals · 1997
- Commonwealth v. StoddardMassachusetts Appeals Court · 1995
- Commonwealth v. SpencerMassachusetts Appeals Court · 1998
- Commonwealth v. WilliamsMassachusetts Appeals Court · 2003
- Commonwealth v. NavarroMassachusetts Appeals Court · 2014
1 more not listed; retrieve them via the Exa API.