Commonwealth v. Thompson
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 165, § 9, against Sophia C. Thompson for “ maliciously and without any lawful justification ” using an instrument upon Mary J. Fitzgerald, with intent to cause and procure a miscarriage, and against Joseph Hale for procuring, nounselling and commanding Thompson to commit the felony.
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Indictment on the Gen. Sts. c. 165, § 9, against Sophia C. Thompson for “ maliciously and without any lawful justification ” using an instrument upon Mary J. Fitzgerald, with intent to cause and procure a miscarriage, and against Joseph Hale for procuring, nounselling and commanding Thompson to commit the felony. At the trial in- the superior court for Middlesex, the defendant Thompson, before the empanelling of the jury, moved to quash the indictment, because it did not allege whether the woman upon whom the instrument was used did or did not die, and because it did not allege that the…
1Opinion of the CourtColt, J.
1. The motion to quash this indictment was properly overruled. It is not necessary to allege that the woman operated upon either did or did not die. Commonwealth v. Wood, 11 Gray, 85. Commonwealth v. Hamilton, 15 Gray, 481. The averment that the acts were done “ maliciously and without any lawful justification ” is sufficient, although the word used in the more recent statute is “ unlawfully.” The two expressions are synonymous. Commonwealth v. Sholes, 13 Allen, 554. Commonwealth v. Fogerty, 8 Gray, 489.
2. No exception lies to the refusal to allow separate trials. The reason for the motion,…
2Cases cited1 opinion
- Commonwealth v. JamesMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
- Commonwealth v. BoraskyMassachusetts Supreme Judicial Court · 1913
- People v. MunnCalifornia Supreme Court · 1884
- Commonwealth v. CorbettMassachusetts Supreme Judicial Court · 1940
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1944
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