Commonwealth v. Bakeman
Massachusetts Supreme Judicial Court
The first CASE was an indictment found, returned and tried at June term 1870 of the superior court, with two counts, the first on the Gen. Sts. c. 63, § 108, and the second on § 107.* The first count averred that the defendant, “ on the fifth day of March now last past, at Northampton in the said county of Hampshire, wilfully, maliciously and unlawfully contriving and intending the engines and carriages of the Connecticut River Railroad Company, a corporation established by…
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The first CASE was an indictment found, returned and tried at June term 1870 of the superior court, with two counts, the first on the Gen. Sts. c. 63, § 108, and the second on § 107.* The first count averred that the defendant, “ on the fifth day of March now last past, at Northampton in the said county of Hampshire, wilfully, maliciously and unlawfully contriving and intending the engines and carriages of the Connecticut River Railroad Company, a corporation established by law, then and there lawfully passing over and along the railroad of said corporation there located and situate, to…
1Opinion of the Court
By the Court.
The act charged on the 1st of March is not averred to have been done with any criminal intent; and the criminal intent charged on the 5th of March is not averred to have been accompanied by any act.
Exceptions sustained; first count quashed.
The secohd case was an indictment on the Gen. Sts. c. 63, § 108, found and returned at December term 1870 of the superior court, (after the foregoing decision,) in the terms quoted from the first count of the former indictment, except that the act as well as the intent was charged to have been on the 5th of March 1869.
The defendant filed a plea…
2Cases cited6 opinions
- State v. ShepardSupreme Court of Connecticut · 1828
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Barnett's Adm'r v. Barnett's Adm'rCourt of Appeals of Kentucky · 1858
- Bond v. MullinsCourt of Appeals of Kentucky · 1860
- Hawes v. Anglo-Saxon Petroleum Co.Massachusetts Supreme Judicial Court · 1869
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3Cited by17 opinions
- State v. AndrewsSupreme Court of Connecticut · 1928
- Commonwealth v. DeanMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. GosselinMassachusetts Supreme Judicial Court · 1974
- Nagel v. PeopleIllinois Supreme Court · 1907
- Commonwealth v. LowderMassachusetts Supreme Judicial Court · 2000
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