Commonwealth v. Flagg
Massachusetts Supreme Judicial Court
Indictment as follows: “ The jurors for the Commonwealth aforesaid, on their oath present, that John E. Flagg of Royalston in said county, on the twenty-first day of May in the year eighteen hundred and eighty-three, at Royalston in said county, did wickedly, advisedly and corruptly solicit, urge and endeavor to procure one Thomas Stafford feloniously, wilfully and maliciously to set fire to and burn a certain building, to wit, a barn of one Ellen H. Clark, there situate in…
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Indictment as follows: “ The jurors for the Commonwealth aforesaid, on their oath present, that John E. Flagg of Royalston in said county, on the twenty-first day of May in the year eighteen hundred and eighty-three, at Royalston in said county, did wickedly, advisedly and corruptly solicit, urge and endeavor to procure one Thomas Stafford feloniously, wilfully and maliciously to set fire to and burn a certain building, to wit, a barn of one Ellen H. Clark, there situate in said Royalston, by then and there wickedly, advisedly and corruptly offering to said Thomas Stafford a large sum of…
1Opinion of the CourtMorton, C. J.
It is an indictable offence at common law for one to counsel and solicit another to commit a felony or other aggravated offence, although the solicitation is of no effect, and the crime counselled is not in fact committed. Commonwealth v. Willard, 22 Pick. 476. Rex v. Higgins, 2 East, 5. Rex v. Phillips, 6 East, 464. Regina v. Ransford, 13 Cox C. C. 9. State v. Avery, 7 Conn. 266. The first and second counts of the indictment in the case at bar allege with sufficient certainty that the defendant solicited one Thomas Stafford to burn the barn of one Ellen H. Clark, and set out an offence at…
2Cases cited4 opinions
- State v. AverySupreme Court of Connecticut · 1828
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1883
3Cited by34 opinions
- Commonwealth v. PeasleeMassachusetts Supreme Judicial Court · 1901
- State v. BowlesSupreme Court of Kansas · 1905
- State v. . HamptonSupreme Court of North Carolina · 1936
- State v. SchleiferSupreme Court of Connecticut · 1923
- State v. DonovanNew York Court of General Session of the Peace · 1914
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