three year old cannot consent to kidnapping as a matter of law
How later courts described this case
- three year old cannot consent to kidnapping as a matter of law
Written by the judges who cited it.
The opinion
Brown, J.
(concurring). I am in full agreement with the majority. I wish, however, to emphasize that the trial judge’s practice of routinely not allowing defendants to sit at counsel table is not only arbitrary, but it is also fraught with unfairness. There is a plethora of cases setting out explicitly the law relative to this issue. The majority cites merely two clear examples: Commonwealth v. Moore, 379 Mass. 106 (1979), and Commonwealth v. Drew, 397 Mass. 65 (1986).