Commonwealth v. Follansbee
Massachusetts Supreme Judicial Court
Indictment, in six counts, on the Pub. Sts. c. 207, § 9, al-, leging in the second count that the defendant on September 25, 1890, at Boston, “ feloniously and unlawfully did use a certain instrument, the name of which and a more particular description of which are to said jurors unknown, by then and there forcing and thrusting the instrument aforesaid into the body and womb of a certain woman, to wit, one Ida C. Stewart, otherwise called Ida C. Stuart, with intent of him,…
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Indictment, in six counts, on the Pub. Sts. c. 207, § 9, al-, leging in the second count that the defendant on September 25, 1890, at Boston, “ feloniously and unlawfully did use a certain instrument, the name of which and a more particular description of which are to said jurors unknown, by then and there forcing and thrusting the instrument aforesaid into the body and womb of a certain woman, to wit, one Ida C. Stewart, otherwise called Ida C. Stuart, with intent of him, said Follansbee, thereby to cause and procure the miscarriage of said Ida, against the peace of said Commonwealth, and…
1Opinion of the CourtLathrop, J.
1. The only ground relied on in the defendant’s brief, in support of the motion to quash the indictment, is that it was not averred in the second count that the woman was pregnant. Such an averment is unnecessary. Commonwealth v. Taylor, 132 Mass. 261.
2. It was within the discretion of the presiding justice to refuse to exclude the witnesses not under examination from the court-room. The authorities on this subject are collected in 1 Greenl. Ev. § 432, and in 1 Bish. Cr. Proc. (3d ed.) § 1189.
3. The testimony of Dr. Haskell was rightly admitted. It related to the condition of Ida C. Stewart…
2Cases cited3 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. TaylorMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. BoyntonMassachusetts Supreme Judicial Court · 1874
3Cited by27 opinions
- People v. WilsonCalifornia Supreme Court · 1944
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Eggart v. StateSupreme Court of Florida · 1898
- State v. BrownNew York Court of General Session of the Peace · 1912
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1893
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