Commonwealth v. Homer
Massachusetts Supreme Judicial Court
Indictment returned into the Superior Court on the first Monday in May, 1890, charging that the defendant attempted to procure the miscarriage of Mary A. Roberts, on May 6, 1887; and that in consequence thereof the said Mary died on the same day. At the trial in the Superior Court, before Hammond, J., the government, after evidence, which was contradicted, tending to prove the allegations of the indictment, offered in evidence the dying declarations of the said Mary.
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Indictment returned into the Superior Court on the first Monday in May, 1890, charging that the defendant attempted to procure the miscarriage of Mary A. Roberts, on May 6, 1887; and that in consequence thereof the said Mary died on the same day. At the trial in the Superior Court, before Hammond, J., the government, after evidence, which was contradicted, tending to prove the allegations of the indictment, offered in evidence the dying declarations of the said Mary. The defendant objected, on the ground that the St. of 1889, c. 100, was not applicable, having been passed since the alleged…
1Opinion of the CourtW. Allen, J.
The Pub. Sts. c. 207, § 9, provide that whoever, with intent to procure the miscarriage of a woman, shall do certain acts or use certain means, shall if the woman dies in consequence be imprisoned in the state prison not exceeding twenty nor less than five years, and if the woman does not die in consequence shall be punished by imprisonment in the state prison not more than five years or by a fine. The St. of 1889, c. 100, provides : “ In criminal prosecutions under and for violation of the provisions of section nine of chapter two hundred and seven of the Public Statutes, where the death of…
2Cases cited10 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Cummings v. MissouriSupreme Court of the United States · 1867
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- Bucher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1881
- George v. ReedMassachusetts Supreme Judicial Court · 1869
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3Cited by9 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
- Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1892
- Stocker v. FosterMassachusetts Supreme Judicial Court · 1901
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1893
4 more not listed; retrieve them via the Exa API.