Legal Opinion
Commonwealth v. Rodriguez
Massachusetts Appeals Court
Decided December 29, 2009No. 07-P-1847PublishedCited by 6 opinions
1Opinion of the CourtMills, J.
The defendant was convicted as a youthful offender of rape of a child by force (penis in genital opening), G. L. c. 265, § 22A, and rape of a child (penis in mouth), G. L. c. 265, *60§ 23. The charges arose out of an evening of drinking alcohol, culminating in sexual activity among five boys and two girls. The defendant appeals from his convictions and from the denial of his motion for a new trial, arguing that the evidence was insufficient as to both charges and that the jury instructions on intoxication and capacity to consent were flawed. We affirm.
Background. We recite the facts in a light…
2Cases cited16 opinions
- Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 2005
- Commonwealth v. GallantMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. FordeMassachusetts Supreme Judicial Court · 1984
- Hennington v. StateMississippi Supreme Court · 1997
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 2016
- Commonwealth v. FranklinMassachusetts Appeals Court · 2018
- Commonwealth v. GreenMassachusetts Appeals Court · 2017
- Commonwealth v. LagoticMassachusetts Appeals Court · 2023
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 2016
1 more not listed; retrieve them via the Exa API.