Legal Opinion

Commonwealth v. Kennedy

Massachusetts Supreme Judicial Court

Decided November 27, 1897PublishedCited by 81 opinions

Indictment, in two counts. The first count alleged that the defendant, on November 6,1896, at Danvers, feloniously, wilfully, and maliciously mingled a teaspoonful of powder, known as “ rough on rats,” the same being, and known by the defendant to be, a deadly poison, with one pint of tea, with the intent that the tea, so mingled with the poison, should be swallowed by one Albert F. Learoyd, with the intent to kill him.

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Indictment, in two counts. The first count alleged that the defendant, on November 6,1896, at Danvers, feloniously, wilfully, and maliciously mingled a teaspoonful of powder, known as “ rough on rats,” the same being, and known by the defendant to be, a deadly poison, with one pint of tea, with the intent that the tea, so mingled with the poison, should be swallowed by one Albert F. Learoyd, with the intent to kill him. The second count alleged that the defendant, at the same time and place, feloniously, wilfully, and maliciously attempted to murder Learoyd by placing a teaspoonful of powder,…

1Opinion of the CourtHolmes, J.

The first .count is for mingling poison with tea, with intent to kill one Albert F. Learoyd. Pub. Sts. c. 202, § 32. The second count is for an attempt to commit murder by poisoning. Pub. Sts. c. 202, § 21. Whether the first count includes the matter of the second, with the effect that, even if the motion to quash the second count should have been granted, the verdict as rendered would stand on the first count, (Commonwealth v. Nichols, 134 Mass. 531, 536, 537,) need not be decided, as we are of opinion that the motion to quash properly was overruled, v,

The second count alleges in substance…

2Cases cited19 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
  3. Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
  4. Lewis v. StateSupreme Court of Alabama · 1860
  5. Commonwealth v. DohertyMassachusetts Supreme Judicial Court · 1884

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3Cited by81 opinions

  1. United States v. CoplonCourt of Appeals for the Second Circuit · 1950
  2. George Lee Mims, Sr. v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  3. Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
  4. United States v. Roy MandujanoCourt of Appeals for the Fifth Circuit · 1974
  5. Kimmel v. GolandCalifornia Supreme Court · 1990

76 more not listed; retrieve them via the Exa API.

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