Legal Opinion

Commonwealth v. Mosby

Massachusetts Appeals Court

Decided December 12, 1980PublishedCited by 64 opinions

1Opinion of the CourtBrown, J.

The defendant appeals from his convictions by a jury in the Superior Court of breaking and entering a building in the daytime with intent to commit rape and larceny (G. L. c. 266, § 17), and of two counts of rape (as newly defined in G. L. c. 265, § 22, as appearing in St. 1974, c. 474, § 1).

The defendant raises five claims of error. He argues (1) that the prosecutor’s reference, in closing argument, to an alleged silence on the part of the defendant at the time he was arrested and confronted with the complainant, was improper; (2) that the prosecutor’s additional comment, in closing…

2Cases cited49 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chambers v. MississippiSupreme Court of the United States · 1973
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. Harris v. New YorkSupreme Court of the United States · 1971
  5. Oregon v. HassSupreme Court of the United States · 1975

44 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. Commonwealth v. MahdiMassachusetts Supreme Judicial Court · 1983
  2. Commonwealth v. KingMassachusetts Supreme Judicial Court · 2005
  3. Brewer v. Marshall, SheriffCourt of Appeals for the First Circuit · 1997
  4. Commonwealth v. SilanskasMassachusetts Supreme Judicial Court · 2001
  5. Commonwealth v. SylvesterMassachusetts Supreme Judicial Court · 1983

59 more not listed; retrieve them via the Exa API.

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