green
Positive treatment
Quoted verbatim 3×
9.3 score
“we are of opinion that the jury could fairly have inferred that in the course of his opening the door some portion of the defendant's hand or arm came within the house. that was enough to constitute an entry”
Treatment trajectory · 1964 → 2026 · click a year to view as-of
1964
1995
2026
Top citers, strongest first. 22 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Commonwealth v. Stokes
jury could fairly have inferred that in the course of his opening the door some portion of the defendant's hand or arm came within the house" sufficient "to constitute an entry
examined
Cited as authority (quoted)
Commonwealth v. Moore
we are of opinion that the jury could fairly have inferred that in the course of his opening the door some portion of the defendant's hand or arm came within the house. that was enough to constitute an entry
discussed
Cited as authority (quoted)
Commonwealth v. One 1986 Volkswagen GTI Automobile
an issue not fairly raised before the trial judge will not be considered for the first time on appeal
discussed
Cited "see"
Commonwealth v. Cotto
See Commonwealth v. Lewis, 346 Mass. 373, 377 (1963), cert, denied, 376 U.S. 933 (1964). “[N]either Coke, Blackstone, nor Hale make the distinction, though it might be implied from their examples. [Hawkins] queries whether this is not the proper distinction, and [East] states that such is the law though it was not mentioned in the earlier writings.” 3 LaFave & Scott, Substantive Criminal Law § 8.13, at 467 n.35 (1986), citing 1 Hawkins, Pleas of the Crown 161-162 (1787), and 2 East, Pleas of the Crown 490 (1803).
discussed
Cited "see"
Commonwealth v. Cruz
See Commonwealth v. Lewis, 346 Mass. 373, 377-378 (1963), cert. denied, 376 U.S. 933 (1964); Commonwealth v. Ronchetti, supra. Accordingly, no substantial likelihood of a miscarriage of justice resulted from this instruction. 7.
cited
Cited "see"
Commonwealth v. Lima
See Commonwealth v. Lewis, 346 Mass. 373, 382 (1963), cert. denied, 376 U.S. 933 (1964).
cited
Cited "see"
Commonwealth v. Kelly
See Commonwealth v. Lewis, 346 Mass. 373, 377-378 (1963), cert. denied, 376 U.S. 933 (1964).
cited
Cited "see"
Commonwealth v. Rancourt
See Commonwealth v. Lewis, 346 Mass. 373, 383 (1963), cert. denied, 376 U.S. 933 (1964). *277 3.
discussed
Cited "see"
State v. Pinder
For example,... a thickly wooded area nonetheless may be an open field as that term is used in construing the Fourth Amendment.” Id. at 1742 n.11 (citations omitted); see Commonwealth v. Lewis, 346 Mass. 373, 381 , 191 N.E.2d 753, 759 (1963), cert. denied, 376 U.S. 933 (1964) (a swamp is an open field).
discussed
Cited "see"
Commonwealth v. Button
See Commonwealth ex rel. *254 Cater v. Myers, 412 Pa. 67 , 194 A.2d 185 (1963), cert. denied, 376 U.S. 933 , 84 S.Ct: 704, 11 L.Ed.2d 653 (1964); Commonwealth v. Gaito, 277 Pa.Super. 404 , 419 A.2d 1208 (1980).
cited
Cited "see"
Commonwealth v. Hicks
See Commonwealth v. Lewis, 346 Mass. 373, 382 (1963), cert. denied, 376 U.S. 933 (1964). 5.
cited
Cited "see"
Commonwealth v. Tabor
See Commonwealth v. Lewis, 346 Mass. 373, 383 (1963), cert. denied, 376 U.S. 933 (1964).
discussed
Cited "see"
Sussman v. Commonwealth
(2×)
See Commonwealth v. Lewis, 346 Mass. 373 (1963), cert, denied, 376 U.S. 933 (1964).
discussed
Cited "see"
Commonwealth v. Gauthier
Even if a request for a voir dire could be said to have been made at trial, the only instances in which such a motion may be heard once trial has commenced are (1) where the defendant was unaware that certain evidence was to be introduced and, without a voir dire, would be deprived of an opportunity to raise the issue of its admissibility; see Commonwealth v. Lewis, 346 Mass. 373, 382 (1963), cert. den. 376 U. S. 933 (1964); Commonwealth v. Moore, 359 Mass. 509, 512 (1971), and (2) where, in the discretion of the trial judge, such a hearing is deemed to be in the interest of justice.
cited
Cited "see"
Commonwealth v. Batwinas
See Commonwealth v. Lewis, 346 Mass. 373, 376-377 (1963), cert. den. 376 U. S. 933 (1964).
cited
Cited "see"
Commonwealth v. Cresta
See Commonwealth v. Lewis, 346 Mass. 373, 378-79 (1963), cert. den. 376 U. S. 933 (1964), and Commonwealth v. Haley, 363 Mass. 513, 520-522 (1973).
cited
Cited "see"
Commonwealth v. Freeman
See Commonwealth v. Lewis, 346 Mass. 373, 378-380 , cert. den. 376 U. S. 933 .
discussed
Cited "see"
John Papalia v. United States
See Holmes v. United States, 323 F.2d 430 (7th Cir. 1963), cert. denied, 376 U.S. 933 , 84 S.Ct. 704 , 11 L.Ed. 652 (1964); United States v. Harris, 211 F.Supp. 771 (S.D.Fla.1962), aff’d 316 F.2d 229 (5th Cir.1963).
cited
Cited "see, e.g."
Commonwealth v. Porcher
See also Commonwealth v. Lewis, 346 Mass. 373, 377-378 (1963), cert. denied, 376 U.S. 933 (1964).
discussed
Cited "see, e.g."
Jones v. Commonwealth
Compare Commonwealth v. Lewis, 346 Mass. 373, 378-380 (1963), cert. denied, 376 U.S. 933 (1964). 23 As we read the record, a second trial would enhance the possibility of Jones’s conviction since he would not be able to make a tactical use of the Commonwealth’s inability to keep its word to the jury as outlined in its opening.
cited
Cited "see, e.g."
Commonwealth v. Swahn
See, e.g., Commonwealth v. Lewis, 346 Mass. 373, 375-378 (1963), cert. den. 376 U. S. 933 (1964); Commonwealth v. Tilley, 355 Mass. 507 (1969); Commonwealth v. Wainio, 1 Mass. App. Ct. 866 (1974).
cited
Cited "see, e.g."
United States v. Cordell Cassell
See also Holmes v. United States, 323 F.2d 430 (7th Cir. 1963), cert. denied, 376 U.S. 933 , 84 S.Ct. 704 , 11 L.Ed.2d 652 .
Retrieving the full opinion text from the archive…
Lewis
v.
Massachusetts
v.
Massachusetts
No. 840, Misc..
Supreme Court of the United States.
Feb 24, 1964.
Allan R. Rosenberg for petitioner. Edward W. Brooke, Attorney General of Massachusetts, and James W. Bailey, Assistant Attorney General, for respondent.
Cited by 6 opinions | Published
Citer courts: Massachusetts Supreme Judicial… (2) · Massachusetts Appeals Court (1)
Supreme Judicial Court of Massachusetts. Certiorari denied.