Legal Opinion

Commonwealth v. Tyrone

Massachusetts Appeals Court

Decided November 8, 2017No. 15–P–1627Published

1Opinion of the Court

The defendant appeals from his conviction of assault and battery on a family or household member under G. L. c. 265, § 13M, as appearing in St. 2014, c. 260, § 23. He argues that the evidence was insufficient to prove that he and the victim (his former girlfriend) were in a "substantive dating ... relationship" as defined in G. L. c. 265, § 13M(c )(iii), and that that part of the statute is unconstitutionally vague and violates the separation of powers. We affirm.

1. Sufficiency of the evidence. General Laws c. 265, § 13M(c ), defines "family or household member" as "persons who (i) are or…

2Cases cited12 opinions

  1. Commonwealth v. FreibergMassachusetts Supreme Judicial Court · 1989
  2. Commonwealth v. OrlandoMassachusetts Supreme Judicial Court · 1977
  3. Gurry v. Board of Public AccountancyMassachusetts Supreme Judicial Court · 1985
  4. Commonwealth v. SpanoMassachusetts Supreme Judicial Court · 1993
  5. Commonwealth v. OakesMassachusetts Supreme Judicial Court · 1990

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