Commonwealth v. Pemberton
Massachusetts Supreme Judicial Court
Indictment for the murder of Margaret E. Bingham. Trial before Gray, C. J., and Pevens, J., who reported the case in substance as follows: The evidence tended to show that the defendant killed the deceased, and at the same time by force and violence, .but not being armed with a dangerous weapon, robbed, stole and took three gold rings from her fingers.
Read the full summary
Indictment for the murder of Margaret E. Bingham. Trial before Gray, C. J., and Pevens, J., who reported the case in substance as follows: The evidence tended to show that the defendant killed the deceased, and at the same time by force and violence, .but not being armed with a dangerous weapon, robbed, stole and took three gold rings from her fingers. The defendant’s counsel contended that as such robbery might, under the Gen. Sts. c. 160, § 24, be punished by imprisonment either for life or for any term of years, it was not a “ crime punishable with imprisonment for life ” within the…
1Opinion of the CourtAmes, J.
1. By our law, murder “ committed in the commission of, or attempt to commit, any crime punishable with death or imprisonment for life, is murder in the first degree.” Gen. Sts. c. 160, § 1. The crime defined in § 24 of the same chapter, and of which the evidence tended to show that the defendant was guilty at the time of the homicide, is punishable with imprisonment for life or any term of years. The expression “ punishable with imprisonment for life ” is broad enough to include every crime for which on conviction the guilty party is liable to such imprisonment. . It cannot receive a…
2Cited by17 opinions
- Commonwealth v. MadeirosMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. McInerneyMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. SoarisMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. GricusMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. DevereauxMassachusetts Supreme Judicial Court · 1926
12 more not listed; retrieve them via the Exa API.