Legal Opinion

Commonwealth v. Gonsalves

Massachusetts Appeals Court

Decided January 4, 2018No. 17–P–237Published

1Opinion of the Court

Following a jury trial, the defendant, Michael Gonsalves, was convicted of assault and battery, assault and battery on a family or household member, and breaking and entering with intent to commit a misdemeanor (B & E). 2 On appeal, he contends that the verdicts cannot stand because (1) the evidence was insufficient to sustain a conviction for the B & E count, and (2) the assault and battery and B & E convictions were legally inconsistent. We affirm.

Background . The jury could have found the following facts. Tiffany Tobey resided in a single-story house in Hyannis with her son and her boy…

2Cases cited9 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  3. Commonwealth v. LewisMassachusetts Supreme Judicial Court · 1963
  4. Commonwealth v. WelchMassachusetts Appeals Court · 1983
  5. Commonwealth v. NascimentoMassachusetts Supreme Judicial Court · 1996

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