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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Commonwealth v. Jordan, 125 N.E.3d 800 (2019)

Citation
Commonwealth v. Jordan, 125 N.E.3d 800 (2019)
Parent Document
Commonwealth v. Jordan, 125 N.E.3d 800 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-05-15

Full Text

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a. Sufficiency. General Laws c. 272, § 77A, provides that "[w]hoever willfully tortures, torments, beats, kicks, strikes, mutilates, injures, disables or otherwise mistreats, a dog or horse owned by a police department or police agency of the commonwealth or any of its political subdivisions or whoever, willfully by any action whatsoever, interferes with the lawful performance of such dog or horse shall be punished ...." Neither the statute nor case law interpreting the statute define "willfully" or "willful." When determining sufficiency of the evidence, we analyze "whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is sufficient ... to permit the jury to infer the existence of the essential elements of the crime charged ...." Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979), quoting Commonwealth v. Sandler, 368 Mass. 729, 740 (1975).