Commonwealth v. Blair
Massachusetts Supreme Judicial Court
Indictment in two counts. The first count, upon which alone the defendant was convicted, charged that the defendant, on December 5, 1876, at Pelham, “unlawfully and maliciously did thrust a certain instrument, the name of which is to the jurors aforesaid unknown, into the body and womb of one Mary M. Wilson, then and there being pregnant with child, with intent thereby then and there to cause the said Mary M. Wilson to miscarry and prematurely bring forth from her body the…
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Indictment in two counts. The first count, upon which alone the defendant was convicted, charged that the defendant, on December 5, 1876, at Pelham, “unlawfully and maliciously did thrust a certain instrument, the name of which is to the jurors aforesaid unknown, into the body and womb of one Mary M. Wilson, then and there being pregnant with child, with intent thereby then and there to cause the said Mary M. Wilson to miscarry and prematurely bring forth from her body the said child with which she was then and there pregnant.” At the trial in the Superior Court, before Q-ardner, J., the…
1Opinion of the CourtAmes, J.
The evidence objected to had a tendency to show that the defendant had in his possession, not long before the sickness and death of Mrs. Wilson, a metallic instrument which the jury might believe adapted to the use described in the indictment; and that he understood and described it as well adapted to such a use, and safer than other instruments that might be employed for such a purpose. Evidence had already been given for the purpose of showing the existence of cuts, wounds, and bruises in the womb of the deceased, such as indicated the forcible use of some instrument. All this, taken in…
2Cases cited2 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Foot v. HunkinsMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- People v. SeamanMichigan Supreme Court · 1895
- People v. HobbsIllinois Supreme Court · 1921
- Clark v. PeopleIllinois Supreme Court · 1906
- State v. RowleySupreme Court of Iowa · 1923
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