Commonwealth v. Downey
Massachusetts Appeals Court
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
- United States v. Ralph 'Whitey' Tropiano, Lawrence R. Pellegrino and William Grasso,defendants-AppellantsCourt of Appeals for the Second Circuit · 1969
- Franklin v. AlbertMassachusetts Supreme Judicial Court · 1980
- United States v. Stephen Hathaway, United States of America v. Howard BaptistaCourt of Appeals for the First Circuit · 1976
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. WatkinsMassachusetts Supreme Judicial Court · 1978
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3Cited by12 opinions
- Commonwealth v. GeislerMassachusetts Appeals Court · 1982
- Commonwealth v. GaetenMassachusetts Appeals Court · 1983
- Pronghorn, Inc. v. Licensing BoardMassachusetts Appeals Court · 1982
- Commonwealth v. SaylorMassachusetts Appeals Court · 1989
- Arrowhead Estates, Inc. v. Boston Licensing BoardMassachusetts Appeals Court · 1983
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