Commonwealth v. Benjamin (1975)
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· 21 citation events
across 1 courts.
Showing the 15 strongest citers on record
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Treatment trajectory · 1976 → 2026 · click a year to view the case as of then
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Commonwealth v. Gurney (1982)
See Commonwealth v. Levia, 385 Mass. 345, 351 (1982); Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 619 (1975).
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Commonwealth v. Overton (1981)
Assuming, but not deciding, that it was error not to submit for the jury’s determination the number of crimes the defendant may have committed, see Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 619-620 (1975), any error was harmless since the defendant was convicted on only one of the charges. 4.
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Commonwealth v. Brown (1981)
There is no merit in the defendant’s contention that the Commonwealth improperly combined two separate offenses, one at each of the locations, or that the judge erred in refusing “to sever testimony and evidence received from the two locations.” Cf. Commonwealth v. Stasiun, 349 Mass. 38,45 (1965); Commonwealth v. England, 350 Mass. 83,87-88 (1966); Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 617-618, 626-628 (1975).
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Commonwealth v. LeBlanc (1981)
Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 641-642 (1975).
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Commonwealth v. Corridori (1981)
As the judge limited the application of some of the Commonwealth’s evidence to Leuci, and as none of the limiting rulings was modified or vacated before the Commonwealth rested (see Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 613 [1975], and cases cited), our determination of the propriety of the rulings denying the defendants’ motions must be based solely on the evidence which was admitted against both defendants.
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Commonwealth v. Dellinger (1980)
Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 633 (1975).
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Commonwealth v. Winter (1980)
And the jury were thus properly instructed that they could not find guilt on the basis of a “generalized conspiracy” but only if they were “satisfied that there were two specific conspiracies.” The judge further instructed the jury: “If the government shows, for example, that defendant X in this case was conspiring ... in a general way, that’s not enough to show that he conspired in the particular way with respect ... to the DAY conspiracy and the Somerset Vending conspiracy…
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Commonwealth v. Burkett (1977)
Compare Commonwealth v. Corradino, 368 Mass. 411, 419-420 (1975); Commonwealth, v. Benjamin, 3 Mass. App. Ct. 604, 648-649 (1975). 4.
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Commonwealth v. Lozano (1977)
No question was raised by the defendant’s motion to sever which was not considered and decided adversely to the defendant in Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 623-627 (1975). 4.
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Commonwealth v. Doyle (1977)
Severance is not required merely because the offenses charged occurred on different dates (Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 626-627 [1975]) or involved different victims (Commonwealth v. Drew, 4 Mass. App. Ct. at 33 ).
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Commonwealth v. Beacon Distributors, Inc. (1982)
See Commonwealth v. Benjamin, 358 Mass. 672, 677-678 (1971), S.C., 3 Mass. App. Ct. 604, 612, 614, 620, 625, 644-649 (1975), in which a seventy-two-day trial of 180 counts for conspiracy yielded evidence of only a fraction of that number of conspiracies.
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Commonwealth v. Themelis (1986)
See Commonwealth v. Benjamin, 3 Mass. App. Ct. 604 , 618 & n.27 (1975); Nolan, Criminal Law § 443 (1976 & supp. 1981).” Commonwealth v. Nighelli, 13 Mass. App. Ct. 590, 593-594 (1982).
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Commonwealth v. Kenneally (1980)
See Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 623-627 (1975); Commonwealth v. Edgerly, 6 Mass. App. Ct. at 252 .
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Commonwealth v. Edwards (1979)
See Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 623-627 (1975). 3.
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Commonwealth v. Dutney (1976)
See Commonwealth v. Benjamin, 3 Mass. App. Ct. 604, 623-624 (1975).