Legal Opinion
Commonwealth v. Cotto
Massachusetts Appeals Court
Decided August 2, 2001No. 99-P-928PublishedCited by 13 opinions
1Opinion of the CourtKantrowitz, J.
This case presents the novel issue of whether an entering has occurred, for purposes of the burglary statutes,1 if one2 breaks a window and then throws an infernal device through the opening. We conclude that an entering has occurred.
Background. The defendant, William Cotto, was charged in two sets of indictments based on two separate incidents. The January 4, 1997, charges consisted of assault with intent to *226murder Shirley Suarez while armed with a flammable liquid, G. L. c. 265, § 18(h); breaking and entering in the nighttime with intent to commit murder, G. L. c. 266, § 15; and arson, G.…
2Cases cited15 opinions
- Commonwealth v. WilsonMassachusetts Supreme Judicial Court · 1998
- Commonwealth v. LewisMassachusetts Supreme Judicial Court · 1963
- Commonwealth v. MamayMassachusetts Supreme Judicial Court · 1990
- Hebron v. StateCourt of Appeals of Maryland · 1993
- People v. DavisCalifornia Supreme Court · 1998
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3Cited by13 opinions
- Commonwealth v. StokesMassachusetts Supreme Judicial Court · 2004
- Commonwealth v. Wynton W.Massachusetts Supreme Judicial Court · 2011
- United States v. David BrownCourt of Appeals for the Sixth Circuit · 2020
- Commonwealth v. LordMassachusetts Appeals Court · 2002
- People v. GonyeaColorado Court of Appeals · 2008
8 more not listed; retrieve them via the Exa API.