Opinion

Commonwealth v. Moyles

  • 45 Mass. App. Ct. 350
  • 698 N.E.2d 408
  • 1998 Mass. App. LEXIS 962
Court
Massachusetts Appeals Court
Filed
Aug 26, 1998
Status
Published
Author
Brown
On the bench
Brown, Smith
Cited by
2 cases
Authority
More cited than 10.9%

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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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