Legal Opinion
Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Decided May 11, 2000PublishedCited by 45 opinions
1Opinion of the CourtLynch, J.
A Plymouth County grand jury indicted the defendant on two charges of incest pursuant to G. L. c. 272, § 17 (incest statute), based on conduct he allegedly engaged in with his daughter.1 The defendant moved in the Superior Court, *418pursuant to Mass. R. Crim. P. 13 (c), 378 Mass. 871 (1979), to dismiss the indictments, arguing that, because there was no evidence of penile-vaginal penetration, the grand jury lacked sufficient evidence that he had engaged in “sexual intercourse” with his daughter, as required by the incest statute.2 The judge allowed this motion to dismiss, and the Appeals Court…
2Cases cited22 opinions
- Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1982
- Board of Education v. Assessor of WorcesterMassachusetts Supreme Judicial Court · 1975
- Hoffman v. Howmedica, Inc.Massachusetts Supreme Judicial Court · 1977
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Commonwealth v. GallantMassachusetts Supreme Judicial Court · 1977
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3Cited by45 opinions
- Commonwealth v. PurdyMassachusetts Supreme Judicial Court · 2011
- Commonwealth v. KeefnerMassachusetts Supreme Judicial Court · 2012
- Commonwealth v. HindsMassachusetts Supreme Judicial Court · 2002
- Kunelius v. Town of StowCourt of Appeals for the First Circuit · 2009
- Commonwealth v. RahimMassachusetts Supreme Judicial Court · 2004
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