Commonwealth v. Dorus
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 160, § 28, with two counts: the first averring that the defendant at Boston on February 1, 1870, verbally, wilfully and maliciously threatened Nathaniel F. Emerson to accuse him of committing “ the crime of fornication and adultery,” with intent then and there “by such threat” to extort money, to wit, the sum of $1000, from him, but not setting forth the words of the threat or stating their substance; the second in like terms, save that the…
Read the full summary
Indictment on the Gen. Sts. c. 160, § 28, with two counts: the first averring that the defendant at Boston on February 1, 1870, verbally, wilfully and maliciously threatened Nathaniel F. Emerson to accuse him of committing “ the crime of fornication and adultery,” with intent then and there “by such threat” to extort money, to wit, the sum of $1000, from him, but not setting forth the words of the threat or stating their substance; the second in like terms, save that the words of the threat were set forth therein as follows : “6 Halloo, old fellow, I want you; you have seduced this girl ’…
1Opinion of the CourtColt, J.
Upon the defendant’s motion, the first count in the indictment was quashed. It is objected to the second count, that the threat is not set out according to its tenor, because the language used does not import a threat to accuse of a crime under *492Gen. Sts. c. 160, § 28, but assumes a state of facts upon which an accusation had been already made, and amounts to an offer to compound the offence for money; and further, that the word *' seduced ” does not imply a criminal offence accomplished. But this is not the only, or most natural, interpretation of the words used; and the jury were justified…
2Cited by15 opinions
- United States v. BennettU.S. Circuit Court for the District of Southern New York · 1879
- Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1982
- United States v. James J. D'AntonioCourt of Appeals for the Seventh Circuit · 1965
- Commonwealth v. GoodwinMassachusetts Supreme Judicial Court · 1877
- Koch v. StateWisconsin Supreme Court · 1906
10 more not listed; retrieve them via the Exa API.