Legal Opinion
Commonwealth v. Burke
Massachusetts Supreme Judicial Court
Decided November 22, 1983PublishedCited by 97 opinions
1Opinion of the CourtHennessey, C.J.
The defendant is charged with committing an indecent assault and battery on a child under the age of fourteen, G. L. c. 265, § 13B. After a finding of guilty in a jury-waived trial, the defendant appealed to a jury of six session of the District Court for a trial de nova. See G. L. c. 278, § 18. Prior to trial to a jury of six, the Commonwealth filed a motion to exclude evidence of consent on the part of the victim. The judge of the District Court found that the case presented novel questions of law regarding the materiality of evidence of consent in a prosecution under G. L. c. 265, § 13B,…
2Cases cited33 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- First Nat. Bank of Boston v. BellottiSupreme Court of the United States · 1978
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. ApplebyMassachusetts Supreme Judicial Court · 1980
- Harnish v. Children's Hospital Medical CenterMassachusetts Supreme Judicial Court · 1982
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3Cited by97 opinions
- United States v. HollowayCourt of Appeals for the First Circuit · 2011
- United States v. Gerald HarrisCourt of Appeals for the First Circuit · 1992
- Commonwealth v. PorroMassachusetts Supreme Judicial Court · 2010
- United States v. FaustCourt of Appeals for the First Circuit · 2017
- Commonwealth v. EgertonMassachusetts Supreme Judicial Court · 1986
92 more not listed; retrieve them via the Exa API.