Commonwealth v. Snell
Massachusetts Supreme Judicial Court
Indictment for murder, found and returned in the Superior Court for the county of Bristol on November 6, 1908. The case was tried before Aiken and Schofield, JJ. The indictment was as follows: “The Jurors for the said Commonwealth, on their oath present, — That Angles Snell did assault and beat Tillinghast Kirby with intent to murder him and by such assault and beating did kill and murder Tillinghast Kirby.
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Indictment for murder, found and returned in the Superior Court for the county of Bristol on November 6, 1908. The case was tried before Aiken and Schofield, JJ. The indictment was as follows: “The Jurors for the said Commonwealth, on their oath present, — That Angles Snell did assault and beat Tillinghast Kirby with intent to murder him and by such assault and beating did kill and murder Tillinghast Kirby. “And the Jurors aforesaid, for the said Commonwealth, on their oath aforesaid further present, that said Angles Snell, in and upon one Tillinghast Kirby, did make an assault, and that the…
1Opinion of the CourtKnowlton, C. J.
The first question in this case arises upon the defendant’s motion to quash the indictment. The indictment is in three counts, and the motion, is general, applying to the indictment as a whole and not asking for a ruling in regard to any particular count. If, therefore, any count is good, the motion was rightly overruled. Commonwealth v. Hawkins, 3 Gray, 463. Commonwealth v. Pratt, 137 Mass. 98.
The defendant’s first objection, which applies to all the counts alike, is that the indictment contains no statement of the time and place of the commission of the crime. The answer to this is found in…
2Cases cited25 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Ledbetter v. United StatesSupreme Court of the United States · 1898
- People v. . HarrisNew York Court of Appeals · 1893
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- People v. SeamanMichigan Supreme Court · 1895
20 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- State v. HydeSupreme Court of Missouri · 1911
- Commonwealth v. BakerMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
- Commonwealth v. JordanMassachusetts Supreme Judicial Court · 1911
52 more not listed; retrieve them via the Exa API.