Legal Opinion

Commonwealth v. Liebenow

Massachusetts Supreme Judicial Court

Decided November 25, 2014No. SJC 11593PublishedCited by 17 opinions

1Opinion of the CourtDuffly, J.

The defendant, who was in the business of collecting and selling scrap metal, was charged with larceny under $250, G. L. c. 266, § 30 (1), in connection with his removal of two lengths of steel pipe from a construction site located on private property in Pittsfield. He was convicted of that charge following a jury-waived trial in the District Court. The conviction was affirmed by the Appeals Court in a divided opinion, see Commonwealth v. Liebenow, 84 Mass. App. Ct. 387, 398 (2013), and we granted the defendant’s petition for further appellate review.

The defendant claimed as an affirmative…

2Cases cited15 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. United States v. Johnny Rafael Batista-PolancoCourt of Appeals for the First Circuit · 1991
  3. United States v. John Tejeda, United States of America v. Paul ChristianCourt of Appeals for the First Circuit · 1992
  4. Griffith v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1993
  5. Commonwealth v. McDuffyMassachusetts Supreme Judicial Court · 1879

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3Cited by17 opinions

  1. Commonwealth v. St. HilaireMassachusetts Supreme Judicial Court · 2015
  2. Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 2018
  3. People of Michigan v. Kerri Lynn ThorneMichigan Court of Appeals · 2017
  4. Silva v. GarlandCourt of Appeals for the First Circuit · 2022
  5. Commonwealth v. Aldrich (No. 1)Massachusetts Appeals Court · 2015

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