Legal Opinion

Commonwealth v. Drew

Massachusetts Supreme Judicial Court

Decided May 15, 1808PublishedCited by 36 opinions

The defendants were indicted at this term for the wilful murder of Ebenezer Parker. The indictment contained two counts.‡ The first count charged Drew and Quinby with assaulting Parker, at Falmouth, on the 11th day of January last, then a deputy sheriff, and in the due execution of his office ; and that Drew then and there gave the deceased the mortal wound, of which he thereafterwards, on the 18th of the same January, died; and that Quinby was present, aiding and abetting…

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The defendants were indicted at this term for the wilful murder of Ebenezer Parker. The indictment contained two counts.‡ The first count charged Drew and Quinby with assaulting Parker, at Falmouth, on the 11th day of January last, then a deputy sheriff, and in the due execution of his office ; and that Drew then and there gave the deceased the mortal wound, of which he thereafterwards, on the 18th of the same January, died; and that Quinby was present, aiding and abetting Drew in giving the mortal wound. The second count was like the first, with this difference only, that it was not alleged…

1Opinion of the Court

The Court

did not inquire into the truth of these allegations ; observing that if they were proved, they could not avail the prisoner .on any legal principles, by which alone the Court must be bound; and if they supported any equitable claims to favor for the prisoner, he might apply to the supreme executive, who had power [*400] to cause the sentence to be * executed, or who could pardon it absolutely, or on condition, at its discretion.

Judgment of death was then pronounced against the prisoner

2Cited by36 opinions

  1. Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
  2. Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
  3. Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
  4. Commonwealth v. GricusMassachusetts Supreme Judicial Court · 1944
  5. Roberts v. StateSupreme Court of Georgia · 1847

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