Commonwealth v. Roberts
Massachusetts Supreme Judicial Court
Indictment for manslaughter, averring that Burton G. Rob flits, Isaac Roberts and John Reynolds, on August 27, 1870, at Haverhill, “ in and upon one Bernard Carlton feloniously and wil« fully did make an assault, and the said Burton, Isaac and John, with a certain knife, the said Carlton, in and upon the belly of him, the said Carlton, then and there feloniously and wilfully did strike, cut, stab and thrust, giving to the said Carlton then and there, with the knife…
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Indictment for manslaughter, averring that Burton G. Rob flits, Isaac Roberts and John Reynolds, on August 27, 1870, at Haverhill, “ in and upon one Bernard Carlton feloniously and wil« fully did make an assault, and the said Burton, Isaac and John, with a certain knife, the said Carlton, in and upon the belly of him, the said Carlton, then and there feloniously and wilfully did strike, cut, stab and thrust, giving to the said Carlton then and there, with the knife aforesaid, in and upon the belly of him, the said Carlton, one mortal wound,” of which wound he languished until September 12,…
1Opinion of the CourtChapman, C. J.
The defendants moved to quash the indictment, because it did not set forth which of the parties struck the blow, or what acts each did to make them principals, or which of them had the knife. The allegation in the indictment is, that the three defendants killed the deceased by striking and stabbing him upon the belly with a knife. At the trial, the district attorney did not claim that there was evidence that Reynolds used a knife, or that he encouraged, or knew of the use of a knife by any other person. Thereupon the .other defendants asked the court to rule that there was a variance between…
2Cases cited3 opinions
- Starkey v. PeopleIllinois Supreme Court · 1855
- State v. CenterSupreme Court of Vermont · 1862
- Brown v. StateMississippi Supreme Court · 1872
3Cited by14 opinions
- Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1896
- People v. . FallettoNew York Court of Appeals · 1911
- People v. . SarzanoNew York Court of Appeals · 1914
- Commonwealth v. TurnerMassachusetts Supreme Judicial Court · 1916
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