Legal Opinion

Commonwealth v. Barsell

Massachusetts Superior Court

Decided May 21, 1993No. Nos. 93697 to 93716 and 94074 to 94076Published

1Opinion of the CourtCratsley, J.

I. INTRODUCTION

Defendant Robert Barsell (Barsell) has been charged in 23 indictments.1 Pending before the Court are two motions by defendant to dismiss some or all of the indictments against him. Defendant’s first motion to dismiss argues that the indictments against him are multiplicitous and/or duplicitous and therefore violative of his constitutional rights not to be held in double jeopardy and to due process. Defendant’s second motion to dismiss argues that the stalking statute, G.L. c. 265, §43, is unconstitutionally vague and that the indictments alleging violations of that section…

2Cases cited12 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  3. Smith v. GoguenSupreme Court of the United States · 1974
  4. Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1981
  5. Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1985

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