Commonwealth v. McLaughlin
Massachusetts Supreme Judicial Court
Indictment for perjury, as follows : “ The jurors for the Commonwealth of Massachusetts, on their oath present, that at a term of the Superior Court, begun and holden on the first Monday of May, in the said year one thousand eight hundred and seventy-six, at Boston aforesaid, holden for the transaction of criminal business at Boston, within and for said county of Suffolk, to wit, on the twenty-fourth day of May, in the year aforesaid, one John F. Costello duly filed.his…
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Indictment for perjury, as follows : “ The jurors for the Commonwealth of Massachusetts, on their oath present, that at a term of the Superior Court, begun and holden on the first Monday of May, in the said year one thousand eight hundred and seventy-six, at Boston aforesaid, holden for the transaction of criminal business at Boston, within and for said county of Suffolk, to wit, on the twenty-fourth day of May, in the year aforesaid, one John F. Costello duly filed.his motion in writing, in said court, praying for a new trial to be granted him, said Costello, upon this ground, among others:…
1Opinion of the CourtAmes, J.
The perjury set forth in the indictment is that the defendant falsely, &c., swore that he was at a certain inn in Boston with one Frank Hayes, and at that time and place he saw Hayes write the words “ William P. Schell ” in the hotel register, whereas, in truth and in fact, .“neither said Hayes nor said McLaughlin were in said inn together at any time, and said Hayes did not write at any time said words.” The defendant objects that the first assignment of perjury, namely, that in relation to their not having been at the inn together, is not merely ungrammatical, but meaningless, uncertain and…
2Cited by11 opinions
- Commonwealth v. GaleMassachusetts Supreme Judicial Court · 1944
- Carter v. GearHawaii Supreme Court · 1904
- State v. SmithSupreme Court of Vermont · 1890
- United States v. OttoCourt of Appeals for the Second Circuit · 1931
- State v. ShannonSupreme Judicial Court of Maine · 1939
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