- OddObserver
- Apr 3, 2009
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Here is the Massachusetts Supreme Judicial Courtruling on this case:
http://cases.justia.com/massachusetts/supreme-court/2016-sjc-12043.pdf?ts=1467383517
And fun bit from this discussion, for the "must have an explicit law!" crowd.
quote:
...
"Manslaughter is a common-law crime that has not been codified
by statute in Massachusetts" (citation omitted). Commonwealth
v. Rodriquez, 461 Mass. 100, 106 (2011). General Laws c. 265,
§ 13, does not describe the crime; instead, it sets out only the
punishment, while the elements of the crime are created as part
of the common law. Under common law, conduct similar to that of
the defendant has been deemed unlawful, see Persampieri v.
Commonwealth, 343 Mass. 19, 22-23 (1961) (jury warranted in
convicting defendant of involuntary manslaughter where he
provided wife with gun, taunted her, and encouraged her to
commit suicide, resulting in her killing herself), and it is
therefore not objectively vague.
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