Legal Opinion

Commonwealth v. Rosenthal

Massachusetts Supreme Judicial Court

Decided February 26, 1912PublishedCited by 32 opinions

Two indictments, each in two counts, found and returned in March, 1911, one under R. L. c. 212, § 2, as amended by St. 1910, c. 424, § 1, for abduction and the other under R. L. c. 212, § 10, for adultery.

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Two indictments, each in two counts, found and returned in March, 1911, one under R. L. c. 212, § 2, as amended by St. 1910, c. 424, § 1, for abduction and the other under R. L. c. 212, § 10, for adultery. The first indictment in the first count charged that the defendant on January 23, 1911, at Malden did fraudulently and deceitfully entice and take away one Esther E. Anderson, a girl between seventeen and nineteen years of age, from her place of abode in Boston for the purpose of unlawful sexual intercourse with her in a house on a certain street in Malden in a room hired by the defendant…

1Opinion of the CourtRugg, C. J.

It is well settled that a defendant may be charged with divers and distinct offenses, whether felonies or misdemeanors, of a kindred nature, and liable to punishments of the same general character, by several counts in the same indictment or complaint. Commonwealth v. Mullen, 150 Mass. 394. Castro v. The Queen, 6 App. Cas. 229. It has been decided also that two persons separately indicted for the same offense may be tried together. Commonwealth v. Seeley, 167 Mass. 163. It was held in Commonwealth v. Bickum, 153 Mass. 386, that a defendant against his objection could not be tried at one time…

2Cases cited15 opinions

  1. Logan v. United StatesSupreme Court of the United States · 1892
  2. Ex Parte YarbroughSupreme Court of the United States · 1884
  3. Williams v. United StatesSupreme Court of the United States · 1897
  4. United States v. MarchantSupreme Court of the United States · 1827
  5. Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909

10 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Commonwealth v. FancyMassachusetts Supreme Judicial Court · 1965
  2. Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
  3. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  4. Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
  5. Commonwealth v. CruzMassachusetts Supreme Judicial Court · 1977

27 more not listed; retrieve them via the Exa API.

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