Commonwealth v. Boynton
Massachusetts Supreme Judicial Court
Indictment under the Gen. Sts. c. 165, § 9, charging that the defendant, at a time and place certain, “ maliciously and without lawful justification, did use a certain instrument, the name of which instrument is to the jurors aforesaid unknown, which said instrument, the said Boynton then and there had and held, by then and there forcing and thrusting the instrument aforesaid into the body and womb of one Georgiana Goff, the said Goff being then and there pregnant with…
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Indictment under the Gen. Sts. c. 165, § 9, charging that the defendant, at a time and place certain, “ maliciously and without lawful justification, did use a certain instrument, the name of which instrument is to the jurors aforesaid unknown, which said instrument, the said Boynton then and there had and held, by then and there forcing and thrusting the instrument aforesaid into the body and womb of one Georgiana Goff, the said Goff being then and there pregnant with child, with intent thereby, then and there, to cause and procure the miscarriage of the said Goff.” Before the jury were…
1Opinion of the CourtMorton, J.
The court properly refused to give the instruction requested by the defendant. It assumes that the witness Goff was an accomplice of the defendant in the commission of the crime charged. She could not have been indicted as a participator in the offence, and was not an accomplice. This point was decided in Commonwealth v. Wood, 11 Gray, 85, which arose under a statute the same in its legal effect as the statute upon which this indictment is brought. St. 1845, c. 27. Gen. Sts. c. 165, § 9.
It was not the duty of the presiding judge to advise the jury to acquit upon the uncorroborated testimony…
2Cited by19 opinions
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- State v. CareySupreme Court of Connecticut · 1904
- Commonwealth v. FollansbeeMassachusetts Supreme Judicial Court · 1892
- Smartt and Carson v. StateTennessee Supreme Court · 1903
- Seifert v. StateIndiana Supreme Court · 1903
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