Commonwealth v. Colon

The defendant, Antonio Colon, was indicted for kidnapping a twelve year old girl in violation of G. L. c. 265, § 26. He moved to dismiss the indictment, contending that the Commonwealth failed to present evidence that the kidnapping was “against her will.” A Superior Court judge denied the motion and concluded that a twelve year old has “no authority or capacity, as a matter of law,” to leave the legal custody of her parents without their consent. At the parties’ request, the judge reported questions to the Appeals Court. Mass. R. Crim. P. 34, 378 Mass. 905 (1979). We transferred the case to…