Legal Opinion
Commonwealth v. Cruz
Massachusetts Supreme Judicial Court
Decided August 3, 1993PublishedCited by 19 opinions
1Opinion of the CourtWilkins, J.
The defendant was found guilty of murder in the first degree on the theory of felony murder and of armed robbery. He makes two arguments. Although the defendant neither requested an instruction, nor objected to the absence of an instruction, concerning evidence of his consciousness of guilt, he argues that he is entitled to a new trial, contending that the judge’s failure to give such an instruction on her own requires a new trial. He also argues alternatively that we should exercise our authority under G. L. c. 278, § 33E (1992 ed.), to order the reduction of the verdict to one of guilty of…
2Cases cited17 opinions
- Commonwealth v. MahnkeMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. ToneyMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. VanderpoolMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. CarrionMassachusetts Supreme Judicial Court · 1990
- Commonwealth v. BookerMassachusetts Supreme Judicial Court · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. SimmonsMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. CardarelliMassachusetts Supreme Judicial Court · 2001
- Commonwealth v. BarnoskiMassachusetts Supreme Judicial Court · 1994
14 more not listed; retrieve them via the Exa API.