Commonwealth v. Tibbetts
Massachusetts Supreme Judicial Court
Indictment, charging the administering of medicine, using instruments, and unlawful means unknown to the grand jury, with intent to procure the miscarriage of certain women, and charging the publishing and circulating of certain letters giving information where and of whom assistance could be obtained for procuring the miscarriage of women pregnant with child.
Read the full summary
Indictment, charging the administering of medicine, using instruments, and unlawful means unknown to the grand jury, with intent to procure the miscarriage of certain women, and charging the publishing and circulating of certain letters giving information where and of whom assistance could be obtained for procuring the miscarriage of women pregnant with child. At the trial, in the Superior Court, before Fessenden, J., the defendant, before the impanelling of the jury, moved to quash the indictment because certain counts, upon three of which she was convicted, contained no averment that the…
1Opinion of the CourtAllen, J.
But two points have been argued. The first is that the criminatory articles and letters found by the officer in the defendant’s possession were not admissible in evidence, because the officer had no warrant to search for them, and his only authority was under a "warrant to search her husband’s premises for intoxicating liquors. The defendant contends that under such circumstances the finding of criminatory articles or papers can only be proved when by express provision of statute the possession of them is itself made criminal.
*521This ground of distinction is untenable. Evidence which is…
2Cases cited5 opinions
- Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
- Commonwealth v. TaylorMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. CorkinMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. WelshMassachusetts Supreme Judicial Court · 1872
3Cited by69 opinions
- People v. DeforeNew York Court of Appeals · 1926
- Commonwealth v. UptonMassachusetts Supreme Judicial Court · 1985
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- People v. MayenCalifornia Supreme Court · 1922
- People v. MarxhausenMichigan Supreme Court · 1919
64 more not listed; retrieve them via the Exa API.