Commonwealth v. Devlin
Massachusetts Supreme Judicial Court
Indictment in two counts for the murder of Hannah Devlin, at Lowell, on December 8, 1877. The first count charged that the murder was caused by the defendant by beating, stamping and jumping upon the said Hannah. The second count alleged that the murder was caused by the defendant “in some way and manner, and "by some means, acts, instruments and weapons, to the jurors unknown.”
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Indictment in two counts for the murder of Hannah Devlin, at Lowell, on December 8, 1877. The first count charged that the murder was caused by the defendant by beating, stamping and jumping upon the said Hannah. The second count alleged that the murder was caused by the defendant “in some way and manner, and "by some means, acts, instruments and weapons, to the jurors unknown.” At the trial before Ames and JZndieott, JJ., evidence was offered tending to prove the truth of the charge contained in the first count of the indictment; and it was contended by the government that the crime was…
1Opinion of the CourtColt, J.
The statutes of this Commonwealth, which define
two degrees of murder, declare that, when “committed with extreme atrocity or cruelty,” the crime is murder in the first degree. It is for the jury to find the degree, when an issue of fact is joined at the trial, upon a plea of not guilty. Gen Sts. c. 160, §§ 1, 3. Green v. Commonwealth, 12 Allen, 155.
The question of degree was here submitted to the jury, and the only exception taken is to the instruction, that if, upon the evidence, the jury should find certain facts proved, it would be competent for them to find the defendant guilty of murder…
2Cited by30 opinions
- Commonwealth v. CunneenMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. GouldMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. ConnollyMassachusetts Supreme Judicial Court · 1970
- Commonwealth v. LacyMassachusetts Supreme Judicial Court · 1976
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
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