Commonwealth v. Wakelin
Massachusetts Supreme Judicial Court
Indictment, found and returned in the county of Middlesex on June 7, 1917, charging that the defendant on June 1, 1916, at Melrose “did assault and beat Lauretta W. Wakelin, with intent to murder her, and by such assault and beating did murder Lauretta W. Wakelin.” Certain motions by the defendant and their disposition are described in the opinion.
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Indictment, found and returned in the county of Middlesex on June 7, 1917, charging that the defendant on June 1, 1916, at Melrose “did assault and beat Lauretta W. Wakelin, with intent to murder her, and by such assault and beating did murder Lauretta W. Wakelin.” Certain motions by the defendant and their disposition are described in the opinion. The portions of the motions for a bill of particulars which were denied asked for specifications “in what manner and by what means” the defendant assaulted the deceased, “what was the cause of” her death, and “how and in what manner did the alleged…
1Opinion of the CourtRugg, C. J.
The defendant on June 21, 1917, pleaded not guilty to an indictment charging him in the statutory form with the crime of murder, attempting at the same time to reserve “the. right to file special pleas later.” There is no rule of practice or procedure whereby a defendant in a prosecution for crime may plead to the general issue and as of right reserve the privilege of filing thereafter, either by way of substitution or otherwise, motions, pleas or other matters in their nature preliminary, such as a “plea in abatement” or a “motion to dismiss.” Whether a plea of not guilty or of guilty,…
2Cases cited32 opinions
- Diaz v. United StatesSupreme Court of the United States · 1912
- Donnelly v. United StatesSupreme Court of the United States · 1913
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. JordanMassachusetts Supreme Judicial Court · 1911
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3Cited by69 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. UnderwoodMassachusetts Supreme Judicial Court · 1970
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