Legal Opinion
Commonwealth v. Johnston
Massachusetts Supreme Judicial Court
Decided April 14, 2006PublishedCited by 13 opinions
1Opinion of the CourtCowin, J.
The defendant was convicted of armed assault with intent to murder, G. L. c. 265, § 18 (h).1,2 He claims that the judge erred in not instructing the jury that malice, defined as *556“absence of justification, excuse, and mitigation,” is an element of the offense. Commonwealth v. Henson, 394 Mass. 584, 591 (1985). He argues that the omission created a substantial risk of a miscarriage of justice because his depressed mental state could constitute mitigation that the Commonwealth must disprove. He appealed on this ground and the Appeals Court affirmed. See Commonwealth v. Johnston, 63 Mass. App.…
2Cases cited12 opinions
- Commonwealth v. McHoulMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. HensonMassachusetts Supreme Judicial Court · 1985
- Commonwealth v. GreyMassachusetts Supreme Judicial Court · 1987
- Commonwealth v. SannaMassachusetts Supreme Judicial Court · 1997
- Commonwealth v. JudgeMassachusetts Supreme Judicial Court · 1995
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Commonwealth v. VickMassachusetts Supreme Judicial Court · 2009
- Commonwealth v. MoranMassachusetts Supreme Judicial Court · 2009
- Rivera v. ThompsonCourt of Appeals for the First Circuit · 2018
- United States v. EdwardsCourt of Appeals for the First Circuit · 2017
- Commonwealth v. AkaraMassachusetts Supreme Judicial Court · 2013
8 more not listed; retrieve them via the Exa API.