Legal Opinion
Commonwealth v. Hill
Massachusetts Supreme Judicial Court
Decided January 8, 1979PublishedCited by 21 opinions
1Opinion of the CourtBraucher, J.
The defendant appeals from a conviction under G. L. c. 272, § 35, of an "unnatural and lascivious act with another person,” committed in September, 1969. The case was tried before our decision in Commonwealth v. Balthazar, 366 Mass. 298 (1974), 1 and it is contended that the indictment should be dismissed on the authority of Balthazar v. Superior Court, 573 F.2d 698 (1st Cir. 1978). We do not agree, but in view of the treatment of the issue of consent, we think fundamental fairness requires a new trial.
In October, 1972, the defendant was indicted for rape and for committing an unnatural and…
2Cases cited12 opinions
- Commonwealth v. StokesMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. BalthazarMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. MasskowMassachusetts Supreme Judicial Court · 1972
- Richard L. Balthazar v. Superior Court of the Commonwealth of MassachusettsCourt of Appeals for the First Circuit · 1978
- Commonwealth v. DeschampsMassachusetts Appeals Court · 1972
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Commonwealth v. ApplebyMassachusetts Supreme Judicial Court · 1980
- Massachusetts Delivery Ass'n v. CoakleyCourt of Appeals for the First Circuit · 2012
- Stratos v. Department of Public WelfareMassachusetts Supreme Judicial Court · 1982
- Schochet v. StateCourt of Appeals of Maryland · 1990
- Commonwealth v. PonMassachusetts Supreme Judicial Court · 2014
16 more not listed; retrieve them via the Exa API.