Commonwealth v. Leach
Massachusetts Supreme Judicial Court
Indictment, in three counts, returned into the Superior Court at the June term, 1891, alleging that the defendant attempted to procure the miscarriage of Mary A. Murphy on April 25, 1891, in consequence whereof she died on the following day. After the former decision, reported 156 Mass. 99, the case was tried in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
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Indictment, in three counts, returned into the Superior Court at the June term, 1891, alleging that the defendant attempted to procure the miscarriage of Mary A. Murphy on April 25, 1891, in consequence whereof she died on the following day. After the former decision, reported 156 Mass. 99, the case was tried in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The defendant before the jury were impanelled filed a plea of former acquittal on the second and third counts of the indictment. The government demurred to the plea, and the judge sustained…
1Opinion of the CourtAllen, J.
The defendant at the former trial was convicted on the first count of the indictment, and acquitted upon the second and third counts. A new trial having been granted, some difference of opinion has been expressed elsewhere upon the question whether a defendant under such circumstances could rightly be placed on trial again on the second and third counts. 1 Bish.'Crim. Law, (8th ed.) §§ 1004, 1005. Assuming that he could not be, the prosecution of those counts in the present case was abandoned before the arguments to the jury, and the judge in his charge to the jury informed them that no claim…
2Cases cited9 opinions
- Commonwealth v. MeserveMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. BinghamMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. LaphamMassachusetts Supreme Judicial Court · 1892
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3Cited by11 opinions
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. AdreyMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1949
- Commonwealth v. DawnMassachusetts Supreme Judicial Court · 1939
- Commonwealth v. SwartzMassachusetts Supreme Judicial Court · 1962
6 more not listed; retrieve them via the Exa API.