Legal Opinion
Commonwealth v. Gonsalves
Massachusetts Appeals Court
Decided November 21, 2002No. 01-P-428PublishedCited by 9 opinions
1Opinion of the CourtGreenberg, J.
A Superior Court jury convicted the defendant of receiving a stolen motor vehicle, G. L. c. 266, § 28. The vehicle in question was a four-wheel, all-terrain vehicle (ATV) used for off-road recreation and had been stolen from a dealer in New York. On appeal, the defendant argues that (1) an ATV is not a “motor vehicle” within the meaning of G. L. c. 266, § 28; (2) the Commonwealth’s evidence that he was in possession of the ATV or, in the alternative, that he knew that it had been stolen, was insufficient as matter of law; (3) the judge’s instructions shifted the burden of proof to the…
2Cases cited25 opinions
- Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. GrandisonMassachusetts Supreme Judicial Court · 2001
- Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. Zone Book, Inc.Massachusetts Supreme Judicial Court · 1977
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3Cited by9 opinions
- United States v. BennettCourt of Appeals for the First Circuit · 2017
- Commonwealth v. Darnell D.Massachusetts Supreme Judicial Court · 2005
- Commonwealth v. CampbellMassachusetts Appeals Court · 2003
- Commonwealth v. HernandezMassachusetts Appeals Court · 2005
- Commonwealth v. AponteMassachusetts Appeals Court · 2008
4 more not listed; retrieve them via the Exa API.