Commonwealth v. Marshall
Massachusetts Supreme Judicial Court
Indictment, found and returned on October 3, 1910,. charging the defendants jointly with the murder of Francisco, otherwise known as Frank, Cusumano at Hull on September 18,1910. In the Superior Court the case was tried before Schofield, J. The bill of exceptions stated that at the trial the Commonwealth "introduced evidence tending to show, that Frank Cusumano was killed in his own house, with an axe, by the defendant Harry Marshall, on the eighteenth day of September,…
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Indictment, found and returned on October 3, 1910,. charging the defendants jointly with the murder of Francisco, otherwise known as Frank, Cusumano at Hull on September 18,1910. In the Superior Court the case was tried before Schofield, J. The bill of exceptions stated that at the trial the Commonwealth "introduced evidence tending to show, that Frank Cusumano was killed in his own house, with an axe, by the defendant Harry Marshall, on the eighteenth day of September, 1910, and that the defendant Lena Cusumano, by previous understanding and procurement, was present and assisted in the…
1Opinion of the CourtSheldon, J.
The defendants’ motion, made at the argument in this court, to strike from the files and record the brief of the Commonwealth, cannot be allowed. But the statement of the case contained in that brief was not a proper one. It was the view of the district attorney as to the case developed at the trial rather than a statement of the case presented by the bill of exceptions. That bill of course stated only such part of the proceedings had at the trial as were needed to present properly to us the questions of law which were intended to be brought up. The concise statement of the case with which it…
2Cases cited5 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. ReaganMassachusetts Supreme Judicial Court · 1900
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. LynesMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. RamageMassachusetts Supreme Judicial Court · 1901
3Cited by16 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. WhiteheadMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. GiacomazzaMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
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