Commonwealth v. Pitters, 442 N.E.2d 742 (Mass. App. Ct. 1982). · Go Syfert
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Commonwealth v. Pitters, 442 N.E.2d 742 (Mass. App. Ct. 1982). Cases Citing This Book View Copy Cite
9 citation events (1 in the last 25 years) across 4 distinct courts.
Strongest positive: Commonwealth v. Savage (massappct, 2001-05-09)
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) Commonwealth v. Savage
Mass. App. Ct. · 2001 · confidence medium
The Bohannon exception to the general rule barring evidence of prior false allegations is narrow, being applicable only in “unusual fact situations where justice demands.” Commonwealth v. McDonough, 400 Mass. 639, 650 (1987), quoting from Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).
discussed Cited as authority (rule) Commonwealth v. Haynes
Mass. App. Ct. · 1998 · confidence medium
Bohannon . . . involved “special circumstances,” Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979) . . . and is applicable only in “unusual fact situations where justice demands.” Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).’ Commonwealth v. Hicks, 23 Mass. App. Ct. 487, 489 (1987).” Commonwealth v. McDonough, 400 Mass. 639, 650 (1987).
cited Cited as authority (rule) Commonwealth v. Nichols
Mass. App. Ct. · 1994 · confidence medium
Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).
discussed Cited as authority (rule) Commonwealth v. Rathburn
Mass. App. Ct. · 1988 · confidence medium
The Bohannon exception “is a narrow one . .. and is applicable only in ‘unusual fact situations where justice demands.’ ” Commonwealth v. Hicks, 23 Mass. App. Ct. at 489 , quoting from Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).
discussed Cited as authority (rule) Commonwealth v. McDonough
Mass. · 1987 · confidence medium
Bohannon I involved ‘special circumstances,’ Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1972) . . . and is applicable only in ‘unusual fact situations where justice demands.’ Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).” Commonwealth v. Hicks, 23 Mass. App. Ct. 487, 489 (1987).
discussed Cited as authority (rule) Commonwealth v. Hicks (2×) also: Cited "see"
Mass. App. Ct. · 1987 · confidence medium
Bohannon I involved “special circumstances,” Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979); 2 Commonwealth v. Blair, 21 Mass. App. Ct. 625, 629 (1986), and is applicable only in “unusual fact situations where justice demands.” Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).
discussed Cited "see, e.g." Bartell v. State
Okla. Crim. App. · 1994 · signal: see also · confidence low
See also Commonwealth v. Trenholm, 14 Mass.App. 1038 , 442 N.E.2d 745 (1982); People v. Garrison, 166 Mich. App. 557 , 420 N.W.2d 851, 852 (1988), vacated on other grounds, 436 Mich. 866 , 460 N.W.2d 226 (1990); State v. Jenkins, 326 N.W.2d 67 (N.Dak.1982); State v. Lee, 9 Ohio App.3d 282 , 459 N.E.2d 910 (1983), all approving use of anatomically correct dolls.
Commonwealth
v.
Ashley Pitters
Massachusetts Appeals Court.
Dec 7, 1982.
442 N.E.2d 742
Patricia A. O’Neill for the defendant., William T. Walsh, Jr., Assistant District Attorney, for the Commonwealth.
Published

1. Under the judge’s instructions the jury would not have returned their guilty verdict on the indictment for unarmed robbery unless they had found not only that the money did not belong to the defendant but also that he did not believe it belonged to him when he took it by force. As to those instructions, see Commonwealth v. Donahue, 148 Mass. 529, 531 (1889); Commonwealth v. White, 5 Mass. App. Ct. 483, 485-488 (1977); Commonwealth v. Larmey, ante 281, 283-285 (1982). There was no error in the judge’s refusal to give the instruction concerning larcenous intention in precisely the language sought by the defendant. 2. Any vaguely burden-shifting tendency in one or two sentences of the charge viewed in isolation was more than adequately compensated for by clear, repeated, and emphatic instructions listing the elements of the offense and stating that the Commonwealth had the burden to prove each element beyond a reasonable doubt. 3. If there was error in instructing the jury that assault and battery was a lesser offense included within robbery (as to which see Commonwealth v. Jones, 362 Mass. 83, 86-87 [1972]; Commonwealth v. Jones, 12 Mass. App. Ct. 489, 491 [1981]), the error was rendered immaterial by the jury’s finding the defendant guilty of the greater rather than the lesser charge.

Judgment affirmed.