Commonwealth v. Cabral
Massachusetts Supreme Judicial Court
1Opinion of the CourtMarshall, C.J.
We granted the defendants’ application for direct appellate review of two questions a Superior Court judge reported to the Appeals Court2 in connection with his reconsideration of his earlier decision denying the defendants’ motions to dismiss the indictments:
1. Whether the defendants, either acting as a Massachusetts surety posting bail for a principal or acting as agents for that surety, may raise as an affirmative defense that they possess the lawful authority to apprehend, detain, and deliver the principal to the court house?
2. If the surety and his agents have the authority to apprehend,…
2Cases cited28 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- Hoffa v. United StatesSupreme Court of the United States · 1966
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Taylor v. TaintorSupreme Court of the United States · 1873
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
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3Cited by19 opinions
- Commonwealth v. GouseMassachusetts Supreme Judicial Court · 2012
- Commonwealth v. ShanleyMassachusetts Supreme Judicial Court · 2010
- Commonwealth v. JeffersonMassachusetts Supreme Judicial Court · 2012
- Commonwealth v. HumphriesMassachusetts Supreme Judicial Court · 2013
- Commonwealth v. VivesMassachusetts Supreme Judicial Court · 2006
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