Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Indictment, found and returned on September 4,1911, under R. L. c. 212, § 15, charging that the defendant on August 4,1911, at Lowell, with intent to procure the miscarriage of a woman named, did unlawfully use a certain instrument upon the body of such woman, and that in consequence thereof she died. In the Superior Court the defendant was tried before McLaughlin, J., and in the course of the trial excepted to the admission of certain evidence as described in the opinion.
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Indictment, found and returned on September 4,1911, under R. L. c. 212, § 15, charging that the defendant on August 4,1911, at Lowell, with intent to procure the miscarriage of a woman named, did unlawfully use a certain instrument upon the body of such woman, and that in consequence thereof she died. In the Superior Court the defendant was tried before McLaughlin, J., and in the course of the trial excepted to the admission of certain evidence as described in the opinion. The judge “gave ample instructions to the jury, to which no exceptions were taken by the defendant.” The jury returned a…
1Opinion of the CourtSheldon, J.
The defendant was charged with having performed an illegal operation upon Katherine Roark, in consequence whereof she died. Her statements to her attending physicians of her bodily ailments and symptoms, made for the purpose of enabling them to give proper medical advice and treatment by forming an opinion as to the cause of such ailments and symptoms, rightly were admitted. Commonwealth v. Sinclair, 195 Mass. 100, 108. It might be harder to sustain the admission of her further statement to them, not made as a dying declaration under R. L. c. 175, § 65, that an abortion had been recently…
2Cases cited14 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Lipscomb v. StateMississippi Supreme Court · 1897
- Worthington v. StateCourt of Appeals of Maryland · 1901
- Montgomery v. StateIndiana Supreme Court · 1881
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3Cited by15 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. HowardMassachusetts Supreme Judicial Court · 1969
- Ross v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1916
- Commonwealth v. DonoghueMassachusetts Supreme Judicial Court · 1929
- Arabia v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1938
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