Commonwealth v. Sullivan
Massachusetts Supreme Judicial Court
Indictment, against Patrick Sullivan, Patrick J. Foley, and Cornelius Nagle, for the murder of Duroy S. Foster, on September 11,1894, at Billerica. At the trial in the Superior Court, before Sherman and Lilley, JJ., the jury returned a verdict of murder in the second degree; and the defendants alleged exceptions, which appear in the opinion.
1Opinion of the Court
Holmes,
J. The defendants have been found guilty of murder in the second degree. The killing took place in resisting an attempt to arrest them on a charge of robbery made by the deceased. The attempt to arrest was made by one Livingstone, and as it did not appear at the trial that he had a warrant, or that a felony had been committed in fact, it became material to show that he was a constable or police officer. Rohan v. Sawin, 5 Cush. 281, 285. Commonwealth v. Carey, 12 Cush. 246, 251. Morley v. Chase, 143 Mass. 396, 398. The only questions before us concern the competency and sufficiency of…
2Cases cited8 opinions
- Attorney General v. CrockerMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. KaneMassachusetts Supreme Judicial Court · 1871
- Attorney General v. SimondsMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1867
- Inhabitants of Sudbury v. HeardMassachusetts Supreme Judicial Court · 1870
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3Cited by4 opinions
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
- Lattime v. HuntMassachusetts Supreme Judicial Court · 1907
- Seward v. Revere Water Co.Massachusetts Supreme Judicial Court · 1909
- Lutgen v. Board of County CommissionersSupreme Court of Minnesota · 1906