Legal Opinion

Commonwealth v. Podlaski

Massachusetts Supreme Judicial Court

Decided February 21, 1979PublishedCited by 58 opinions

1Opinion of the CourtWilkins, J.

We affirm the defendant’s conviction of murder in the first degree and conclude that justice does not require the entry of a verdict of a lesser degree of guilt under G. L. c. 278, § 33E. The defendant’s principal contention is that the evidence did not warrant submitting the case to the jury on the issue of murder in the first degree.

We summarize the evidence against the defendant. Shortly after 2 a.m. on May 3, 1977, Mr. and Mrs. Antonik of 43 Woodward Street, South Boston, were awakened by the noise of a slamming door. Mr. Antonik arose and heard a voice, coming from the direction of 40…

2Cases cited32 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Oregon v. MathiasonSupreme Court of the United States · 1977
  3. Beckwith v. United StatesSupreme Court of the United States · 1976
  4. Orozco v. TexasSupreme Court of the United States · 1969
  5. Commonwealth v. BorodineMassachusetts Supreme Judicial Court · 1976

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

3Cited by58 opinions

  1. Commonwealth v. CasaleMassachusetts Supreme Judicial Court · 1980
  2. Commonwealth v. FreibergMassachusetts Supreme Judicial Court · 1989
  3. Commonwealth v. GallisonMassachusetts Supreme Judicial Court · 1981
  4. Commonwealth v. CohenMassachusetts Supreme Judicial Court · 1992
  5. Commonwealth v. JudgeMassachusetts Supreme Judicial Court · 1995

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

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