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Commonwealth v. Smith

Appeals Court of Massachusetts
Apr 12, 2005
63 Mass. App. Ct. 1111 (Mass. App. Ct. 2005)

Opinion

No. 00-P-1215.

April 12, 2005.


Decision Pursuant to Rule 1:28.

In Commonwealth v. Smith, 58 Mass. App. Ct. 166 (2003), the Appeals Court affirmed the defendant's convictions of assault and battery with intent to murder, assault and battery by means of a dangerous weapon, and unlawful possession of a firearm, fourth offense. The United States Supreme Court then granted certiorari, and in Smith v. Massachusetts, 543 U.S. 462 (2005), reversed the Appeals Court's decision with respect to the conviction of unlawful possession of a firearm. Accordingly, the judgment on the indictment charging unlawful possession of a firearm, fourth offense, is reversed, and the verdict is set aside. The Appeals Court's affirmance of the judgments on the remaining indictments is to stand.


Summaries of

Commonwealth v. Smith

Appeals Court of Massachusetts
Apr 12, 2005
63 Mass. App. Ct. 1111 (Mass. App. Ct. 2005)
Case details for

Commonwealth v. Smith

Case Details

Full title:COMMONWEALTH vs. MELVIN T. SMITH

Court:Appeals Court of Massachusetts

Date published: Apr 12, 2005

Citations

63 Mass. App. Ct. 1111 (Mass. App. Ct. 2005)