Legal Opinion
Commonwealth v. Gilmore
Massachusetts Supreme Judicial Court
Decided April 23, 1987PublishedCited by 19 opinions
1Opinion of the CourtHennessey, C.J.
The defendant appeals from his conviction of rape, arguing (1) that the judge erred in instructing the jury not to consider the closing argument of defense counsel regard ing the inconclusiveness of the Commonwealth’s scientific tests and its failure to produce certain evidence, and (2) that the judge erred in refusing to instruct the jury on assault and battery as a lesser included offense to the crime of rape. The Appeals Court affirmed the conviction. 22 Mass. App. Ct. 977 (1986). We reverse.
The defendant and a male friend were driving around Salem and Beverly in the defendant’s car on the…
2Cases cited11 opinions
- Commonwealth v. BowdenMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. VanderpoolMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. HobbsMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. SantoMassachusetts Supreme Judicial Court · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1990
- Commonwealth v. ThomasMassachusetts Supreme Judicial Court · 1987
- Commonwealth v. MurchisonMassachusetts Supreme Judicial Court · 1994
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1989
- Commonwealth v. GaudetteMassachusetts Supreme Judicial Court · 2004
14 more not listed; retrieve them via the Exa API.