Commonwealth v. Wong

Massachusetts Appeals Court

Commonwealth v. Wong

410 N.E.2d 735, 10 Mass. App. Ct. 906, 1980 Mass. App. LEXIS 1349

DecidedOctober 3, 1980

StatusPublished

This text of 410 N.E.2d 735 (Commonwealth v. Wong) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Wong, 410 N.E.2d 735, 10 Mass. App. Ct. 906, 1980 Mass. App. LEXIS 1349 (Mass. Ct. App. 1980).

Pincite

Opinion

This is a single issue case in which the defendant has claimed error in the alleged failure of the judge to instruct the jury that they must find beyond a reasonable doubt that the defendant had the specific intent to kidnap. There was no error.

The judge instructed the jury by quoting the material part of the kidnapping statute, G. L. c. 265, § 26, and by reading the language of the indictment, which uses the wording of the statute. The charge when read as a whole is not wanting in specificity as to the intent required for kidnapping. See Commonwealth v. Smith, 381 Mass. 141, 146 (1980). Contrast Commonwealth v. Ware, 5 Mass. App. Ct. 506, 509-510 (1977), S.C., 375 Mass. 118 (1978).

Judgments affirmed.

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This is a single issue case in which the defendant has claimed error in the alleged failure of the judge to instruct the jury that they must find beyond a reasonable doubt that the defendant had the specific intent to kidnap. There was no error.

The judge instructed the jury by quoting the material part of the kidnapping statute, G. L. c. 265, § 26, and by reading the language of the indictment, which uses the wording of the statute. The charge when read as a whole is not wanting in specificity as to the intent required for kidnapping. See Commonwealth v. Smith, 381 Mass. 141, 146 (1980). Contrast Commonwealth v. Ware, 5 Mass. App. Ct. 506, 509-510 (1977), S.C., 375 Mass. 118 (1978).

Judgments affirmed.

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Bluebook (online)

410 N.E.2d 735, 10 Mass. App. Ct. 906, 1980 Mass. App. LEXIS 1349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wong-massappct-1980.

Opinion

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