Commonwealth v. Roby
Massachusetts Supreme Judicial Court
At the term of this Court held in Suffolk in November 1831, Roby was indicted for the murder of Maria Leonard. The indictment alleged that the prisoner gave the deceased a wound on the 2d of May 1831, and that she died in consequence of it on the 17th of July following.
Read the full summary
At the term of this Court held in Suffolk in November 1831, Roby was indicted for the murder of Maria Leonard. The indictment alleged that the prisoner gave the deceased a wound on the 2d of May 1831, and that she died in consequence of it on the 17th of July following. The prisoner pleaded a special plea in bar, in which he alleges, that at the Municipal Court of the city of Boston held on the first Monday of June 1831, he was indicted for a felonious assault upon Maria Leonard on the 2d of May, with intent to kill and murder her ; that at the same term he pleaded not guilty, and the…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. Upon the defendant’s plea in bar to the indictment pending against him, for the alleged murder of Maria Leonard, several questions of law have been presented for the consideration and decision of the Court. The principal question is, whether the proceedings in the Municipal Court, set forth in the defend*507ant’s plea in bar, and appearing upon oyer of the record, are sufficient in law to bar the present indictment.
This plea of a former conviction, like that of a former acquittal, is founded upon that great principle and fundamental maxim of criminal…
2Cases cited8 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Commonwealth v. BowdenMassachusetts Supreme Judicial Court · 1813
- People v. PerkinsNew York Supreme Court · 1828
- Commonwealth v. HardyMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. NewellMassachusetts Supreme Judicial Court · 1810
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Richardson v. StateIndiana Supreme Court · 1999
- State v. AndrewsSupreme Court of Connecticut · 1928
- Pueblo v. Matos PrettoSupreme Court of Puerto Rico · 1966
- Whittlesey v. StateCourt of Appeals of Maryland · 1992
- Commonwealth v. HazlettSuperior Court of Pennsylvania · 1900
13 more not listed; retrieve them via the Exa API.