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Commonwealth v. Wynton W.
459 Mass. 745
| Mass. | 2011
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Background

  • Juvenile possessed a two-inch folding knife at Assabet Valley Regional High School; knife allegedly given by his father for birthday.
  • School officials suspended him; he was charged with possession of a dangerous weapon on school grounds under G. L. c. 269, § 10(j).
  • The juvenile moved to dismiss; matter reported, with both sides requesting direct appellate review.
  • Question presented: whether ‘dangerous weapon’ in § 10(j) has a common-law meaning or is limited to the § 10(b) list of per se dangerous weapons.
  • Court holds that ‘dangerous weapon’ in § 10(j) incorporates the common-law definition (per se or as used) and remands for further proceedings.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Meaning of dangerous weapon in § 10(j)? Commonwealth: adopt § 10(b) list for § 10(j). Juvenile: adopt ordinary common-law meaning of dangerous weapon. Common-law meaning applies.
Should § 10(j) adopt common-law per se/used distinctions? Commonwealth favors broader reading aligning with § 10(b) and related statutes. Juvenile: common-law framework should govern. Yes; dangerous weapon includes per se and used-by-dangerous-fashion objects.
Is §37H import relevant to §10(j)? Commonwealth argues identical intent across statutes warrants same scope. Juvenile contends §37H is only for disciplinary proceedings, not §10(j). Not persuasive; §37H not controlling §10(j).

Key Cases Cited

  • Commonwealth v. Appleby, 380 Mass. 296 (Mass. 1980) (defines dangerous weapon as per se or used in dangerous fashion)
  • Commonwealth v. Tevlin, 433 Mass. 305 (Mass. 2001) (dangerous weapons may be used, not just per se)
  • Commonwealth v. Turner, 59 Mass. App. Ct. 825 (Mass. App. Ct. 2003) ( cautions against broad, absurd open-ended definitions)
  • Commonwealth v. Lord, 55 Mass. App. Ct. 265 (Mass. App. Ct. 2002) (notes that some items are dangerous per se under common law)
  • Commonwealth v. Miller, 22 Mass. App. Ct. 694 (Mass. App. Ct. 1986) (dirk knife definition context for §10(b))
Read the full case

Case Details

Case Name: Commonwealth v. Wynton W.
Court Name: Massachusetts Supreme Judicial Court
Date Published: May 19, 2011
Citation: 459 Mass. 745
Court Abbreviation: Mass.