Legal Opinion

Commonwealth v. Stewart

Massachusetts Supreme Judicial Court

Decided December 9, 1991PublishedCited by 59 opinions

1Opinion of the CourtGreaney, J.

A jury in the Superior Court convicted the defendant, Gary Stewart, of murder in the. second degree. The Commonwealth proceeded against the defendant on a joint venture theory, asserting that the defendant had partici pated with John Good in the murder of Robert Perry. A divided Appeals Court reversed the defendant’s conviction, concluding that he was entitled to the allowance of his motion for a required finding of not guilty because the Commonwealth’s evidence was insufficient to warrant a finding by the jury that the defendant knew of, and shared, Good’s intent to kill or grievously injure…

2Cases cited41 opinions

  1. Commonwealth v. SoaresMassachusetts Supreme Judicial Court · 1979
  2. Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
  3. Commonwealth v. KozecMassachusetts Supreme Judicial Court · 1987
  4. Commonwealth v. CasaleMassachusetts Supreme Judicial Court · 1980
  5. Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892

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3Cited by59 opinions

  1. MacCormack v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1996
  2. Rossetti v. CurranCourt of Appeals for the First Circuit · 1996
  3. Stewart v. CoalterCourt of Appeals for the First Circuit · 1995
  4. Commonwealth v. DrumgoldMassachusetts Supreme Judicial Court · 1996
  5. Commonwealth v. OrtizMassachusetts Supreme Judicial Court · 1997

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