Commonwealth v. Freelove

This is an indictment for adultery, to which a motion to quash was filed, on the ground that it does not conclude against the peace of the Commonwealth nor against the statute in such cases made and provided. This motion was overruled, and the defendant alleged exceptions. The Pub. Sts. c. 213, § 16, expressly enact that no indictment shall be quashed on this ground, if the omission does not tend to prejudice the defendant. But it was argued that the statute is unconstitutional. We shall not consider how far the Legislature might go in simplifying indictments before encountering Article XII.…