Legal Opinion

Commonwealth v. Johnson

Massachusetts Supreme Judicial Court

Decided June 20, 1905PublishedCited by 49 opinions

Indictment, found, and returned in the Superior Court for the County of Suffolk on February 6, 1904, for the murder of one Sarah A. Peters on January 5, 1904, by shooting her with a pistol. Before the trial the district attorney entered a nolle prosequi as'.to so much of the indictment as charged murder in the first degree, and the defendant was tried before Bond, J. for murder in the second degree.

Read the full summary

Indictment, found, and returned in the Superior Court for the County of Suffolk on February 6, 1904, for the murder of one Sarah A. Peters on January 5, 1904, by shooting her with a pistol. Before the trial the district attorney entered a nolle prosequi as'.to so much of the indictment as charged murder in the first degree, and the defendant was tried before Bond, J. for murder in the second degree. The jury returned a verdict of guilty; and the defendant alleged exceptions, raising the questions stated by the court.

1Opinion of the CourtBraley, J.

Of the numerous exceptions taken, only those relating to the general conduct of the trial, the evidence of the medical experts called by the government, the method of their examination, the refusal to give certain requests for rulings asked by the defendant, and to portions of the charge *384have been argued.. We consider them in the order of their presentation.

There was ample evidence of the homicide, which indeed was not denied by the defendant, and the only defence offered was his insanity at the time.

Upon this issue it was competent for him to show that his ancestors or relatives had been…

2Cases cited24 opinions

  1. Davis v. United StatesSupreme Court of the United States · 1895
  2. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  3. Davis v. United StatesSupreme Court of the United States · 1897
  4. Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
  5. Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903

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

3Cited by49 opinions

  1. Commonwealth v. McHoulMassachusetts Supreme Judicial Court · 1967
  2. Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
  3. Commonwealth v. BoydMassachusetts Supreme Judicial Court · 1975
  4. Commonwealth v. KostkaMassachusetts Supreme Judicial Court · 1976
  5. Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API