Legal Opinion

Maxey v. United States

Court of Appeals for the D.C. Circuit

Decided June 4, 1907No. 1780PublishedCited by 17 opinions

Hearing on an appeal by the defendants from a judgment of conviction by the Supreme Court of the District of Columbia, on a verdict of guilty, in a joint prosecution of the defendants for having committed an abortion.

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Hearing on an appeal by the defendants from a judgment of conviction by the Supreme Court of the District of Columbia, on a verdict of guilty, in a joint prosecution of the defendants for having committed an abortion. The Court in the opinion stated the facts as follows: The second count of the indictment in this case charged substantially that Kate Maxey and Paul Meagher, on June 25, 1906, made an assault upon one Claudia Parrish, who was then and there pregnant with a child, as they both knew; that in making the assault they used an instrument, called a catheter, which they thrust into the…

1Opinion of the CourtChief Justice Shepard

delivered tbe opinion of tbe Court:

1. There was no error in denying tbe motion of defendant Meagber for a separate trial. This is a matter within tbe discretion of tbe trial court, whose action will not be reviewed unless clearly made to appear that tbe party sustained substantial prejudice. Nothing of the kind has been shown. Tbe expectation of tbe introduction of a confession of tbe codefendant — the single ground of tbe motion — was not realized.

2. Tbe evidence on which tbe conviction was bad has been given at considerable length in tbe statement of tbe case, because of tbe assignment of…

2Cases cited16 opinions

  1. Starr v. United StatesSupreme Court of the United States · 1894
  2. United States v. GoodingSupreme Court of the United States · 1827
  3. M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
  4. People v. . McKaneNew York Court of Appeals · 1894
  5. Lovejoy v. United StatesSupreme Court of the United States · 1888

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

3Cited by17 opinions

  1. Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
  2. Clyde L. Schaffer and James H. Devenny v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  3. Rhozier T. Brown, Jr. v. United States of America, John D. Irby v. United States of America, Robert L. Jones v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  4. Tomlinson v. United StatesCourt of Appeals for the D.C. Circuit · 1937
  5. United States v. Rayful Edmond, IIICourt of Appeals for the D.C. Circuit · 1991

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

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