Commonwealth v. Adams
Massachusetts Supreme Judicial Court
Indictment in two counts. The second count was as follows : “ And the jurors aforesaid for the Commonwealth of Massachusetts, on their oath aforesaid, do further present, that a certain person, whose name and a more particular description of whom are to said jurors unknown, on the eleventh day of November in the year of our Lord one thousand eight hundred and seventy-eight, at Chelsea aforesaid, with force and arms, with the intent to procure the miscarriage of one Anna F.…
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Indictment in two counts. The second count was as follows : “ And the jurors aforesaid for the Commonwealth of Massachusetts, on their oath aforesaid, do further present, that a certain person, whose name and a more particular description of whom are to said jurors unknown, on the eleventh day of November in the year of our Lord one thousand eight hundred and seventy-eight, at Chelsea aforesaid, with force and arms, with the intent to procure the miscarriage of one Anna F. Clark, did unlawfully use some unlawful means to the said jurors unknown, with said intent, she the said Anna being then…
1Opinion of the CourtMorton, J.
The defendant seasonably filed a motion to quash the indictment. We need consider it only so far as applicable to the second count, the jury having returned a verdict of not guilty upon the first count.
*171. The second count is framed under the Gen. Sts. c. 168, § 8, which provides that “ whoever aids in the commission of a felony, or is accessory thereto before the fact, by counselling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner prescribed for the punishment of the principal felon.” The count, after averring the commission of the felony by some…
2Cases cited5 opinions
- Commonwealth v. CainMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1869
3Cited by27 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. RiesMassachusetts Supreme Judicial Court · 1958
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