Legal Opinion

Commonwealth v. McLaughlin

Massachusetts Supreme Judicial Court

Decided November 15, 1870PublishedCited by 10 opinions

Indictment on the Gen. Sts. c. 161, § 80,* and e. 168, § 8,† averring that Thomas McLaughlin, John Flanagan, and Frank Mulvey, on November 4, 1869, at Lawrence, “ did attempt to commit an offence prohibited by law, to wit, did attempt with force and arms unlawfully, wilfully and maliciously to administer to a certain horse, of the value of four thousand dollars, of the property of John W. Porter and George E. Porter, a large quantity of a certain poison called croton oil,…

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Indictment on the Gen. Sts. c. 161, § 80,* and e. 168, § 8,† averring that Thomas McLaughlin, John Flanagan, and Frank Mulvey, on November 4, 1869, at Lawrence, “ did attempt to commit an offence prohibited by law, to wit, did attempt with force and arms unlawfully, wilfully and maliciously to administer to a certain horse, of the value of four thousand dollars, of the property of John W. Porter and George E. Porter, a large quantity of a certain poison called croton oil, that being an offence prohibited by law, and in such attempt did then and there do a certain overt act towards the…

1Opinion of the CourtAmes, J.

It has been decided that an indictment under the Gen. Sts. c. 161, § 80, is sufficient if it sets forth the offence in the words of the statute. Those words import all that is necessary to a legal description of the offence. The word “ wilfully,” as used in the statute, means intentionally; and the word “ maliciously ” imports a criminal motive, intent or purpose. Commonwealth v. Brooks, 9 Gray, 299. It is impossible that an attempt “ unlawfully, wilfully and maliciously ” to do a criminal act can itself be otherwise than unlawful, wilful and malicious. To attempt to commit a wilful and…

2Cases cited1 opinion

  1. Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869

3Cited by10 opinions

  1. Commonwealth v. PeasleeMassachusetts Supreme Judicial Court · 1901
  2. Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
  3. Commonwealth v. HebertMassachusetts Supreme Judicial Court · 1977
  4. Commonwealth v. SheddMassachusetts Supreme Judicial Court · 1886
  5. Galeo v. StateSupreme Judicial Court of Maine · 1911

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