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COMMONWEALTH v. COLON

431 Mass. 188 (2000)

COMMONWEALTH v. ANTONIO COLON.

Supreme Judicial Court of Massachusetts, Hampden.

April 10, 2000.

Attorney(s) appearing for the Case

Larni S. Levy, Committee for Public Counsel Services, for the defendant.

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, & SPINA, JJ.

IRELAND, J.

The defendant, Antonio Colon, was indicted for kidnapping a twelve year old girl in violation of G. L. c. 265, § 26. He moved to dismiss the indictment, contending that the Commonwealth failed to present evidence that the kidnapping was "against her will." A Superior Court judge denied the motion and concluded that a twelve year old has "no authority or capacity, as a matter of law," to leave the legal custody of her parents without their consent...

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