Legal Opinion

Commonwealth v. Downey

Massachusetts Appeals Court

Decided December 11, 1981PublishedCited by 12 opinions

1Opinion of the CourtKass, J.

Although the defendant raises five issues in his appeal from conviction of extortion under G. L. c. 265, § 25, the core of his defense is that extorting bribes to secure favorable action by six members of the city council of Lynn did not threaten “an injury to the . . . property of another.” G. L. c. 265, § 25. We reject this and several other arguments which the defendant has advanced.

The case was tried to a jury and, taking the facts most favorable to the Commonwealth, the jury might have found that John G. O’Connell planned in 1975 to open a restaurant at 364 Lynnway in Lynn. To that end…

2Cases cited26 opinions

  1. United States v. Ralph 'Whitey' Tropiano, Lawrence R. Pellegrino and William Grasso,defendants-AppellantsCourt of Appeals for the Second Circuit · 1969
  2. Franklin v. AlbertMassachusetts Supreme Judicial Court · 1980
  3. United States v. Stephen Hathaway, United States of America v. Howard BaptistaCourt of Appeals for the First Circuit · 1976
  4. Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
  5. Commonwealth v. WatkinsMassachusetts Supreme Judicial Court · 1978

21 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Commonwealth v. GeislerMassachusetts Appeals Court · 1982
  2. Commonwealth v. GaetenMassachusetts Appeals Court · 1983
  3. Pronghorn, Inc. v. Licensing BoardMassachusetts Appeals Court · 1982
  4. Commonwealth v. SaylorMassachusetts Appeals Court · 1989
  5. Arrowhead Estates, Inc. v. Boston Licensing BoardMassachusetts Appeals Court · 1983

7 more not listed; retrieve them via the Exa API.

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