Legal Opinion
Commonwealth v. Musgrave
Massachusetts Appeals Court
Decided May 11, 1995No. 93-P-1467PublishedCited by 35 opinions
1Opinion of the CourtJacobs, J.
Convicted by a District Court jury of assault by means of a dangerous weapon1 (G. L. c. 265, § 15B), the defendant appeals, claiming instructional error. We agree and reverse the conviction.
The jury could have found the following facts: Responding to a radio dispatch concerning graffiti damage, a Stoneham uniformed police officer stopped the defendant and another *520man. While the officer was patting down the other man, the defendant placed his hand in his waist area and then by his ankle. The officer saw a gun barrel protruding from the defendant’s hand and observed that the barrel was “moving…
2Cases cited13 opinions
- Commonwealth v. De ChristoforoMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. ApplebyMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. RichardsMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. SlaneyMassachusetts Supreme Judicial Court · 1962
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Commonwealth v. PorroMassachusetts Supreme Judicial Court · 2010
- Commonwealth v. GorassiMassachusetts Supreme Judicial Court · 2000
- Commonwealth v. MeltonMassachusetts Supreme Judicial Court · 2002
- United States v. HudsonCourt of Appeals for the First Circuit · 2016
- Barrows v. Wareham Fire DistrictMassachusetts Appeals Court · 2012
30 more not listed; retrieve them via the Exa API.