Commonwealth v. Squires
Massachusetts Supreme Judicial Court
Indictment for rape, averring that on March 25, 1867, the defendant, with force and arms, at Deerfield, “ in and upon one Margaret A. Morton, an unmarried female of the age of ten years and more, to wit, of the age of twelve years, violently and feloniously did make an assault, and her, the said Margaret A. Morton, then and there, by force and against her will, violently and feloniously did ravish and carnally know; he, the said Squires, then and there being a married man…
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Indictment for rape, averring that on March 25, 1867, the defendant, with force and arms, at Deerfield, “ in and upon one Margaret A. Morton, an unmarried female of the age of ten years and more, to wit, of the age of twelve years, violently and feloniously did make an assault, and her, the said Margaret A. Morton, then and there, by force and against her will, violently and feloniously did ravish and carnally know; he, the said Squires, then and there being a married man and then and there having a lawful wife alive other than the said Margaret A. Morton.” At the trial in the superior court,…
1Opinion of the CourtGray, J.
The Gen. Sts. c. 172, § 16, provide that “ when a person indicted for a felony is on trial acquitted by the verdict of part of the offence charged, and convicted of the residue, such verdict may be received and recorded by the court, and thereupon the person indicted shall be adjudged guilty of the offence, if any, which appears to the court to be substantially charged by the residue of the indictment, and shall be sentenced *61and punished accordingly.” If a less offence is duly charged in the indictment, the case is within this provision, even if one of the elements alleged is not a necessary…
2Cases cited1 opinion
- White v. WhiteCourt of Appeals of Kentucky · 1859
3Cited by20 opinions
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. GallantMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. FranksMassachusetts Supreme Judicial Court · 1974
- State v. PriceSupreme Court of Iowa · 1905
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