Commonwealth v. Milo M., A Juvenile
Massachusetts Supreme Court
740 N.E.2d 967 (2001)
Relevant factsFree
Milo M. (defendant), a 12-year-old student, drew a picture of himself shooting his teacher, then a second picture showing her pleading for her life, presenting it to her in an angry demeanor before being suspended; he was later seen loitering near her car after school, and the juvenile court adjudicated him delinquent for threatening her, which he appealed.
IssueFree
Whether the elements of threatening a crime include: (1) an expression of intention to inflict a crime on another and (2) an ability to do so in circumstances that justify apprehension from the recipient of the threat.