Robinson v. Commonwealth
Massachusetts Supreme Judicial Court
Writ of error to reverse a judgment of the municipal court of the city of Boston, rendered at August term 1857. The plaintiffs in error, Lucy A. H. Robinson, a married woman, and Daniel S. Holman, had been convicted on an indictment under the Rev. Sts. c. 125, § 17, charging that they 11 maliciously did threaten one Donald McDonald to accuse said McDonald of having committed the crime of adultery with the said Lucy A. H. Robinson, with a view and with the intent” of…
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Writ of error to reverse a judgment of the municipal court of the city of Boston, rendered at August term 1857. The plaintiffs in error, Lucy A. H. Robinson, a married woman, and Daniel S. Holman, had been convicted on an indictment under the Rev. Sts. c. 125, § 17, charging that they 11 maliciously did threaten one Donald McDonald to accuse said McDonald of having committed the crime of adultery with the said Lucy A. H. Robinson, with a view and with the intent” of extorting money from McDonald The error assigned was that it did not appear whether the defendants threatened “ verbally or by…
1Opinion of the CourtWells, J.
The statute upon which this indictment was brought makes the offence to consist in threatening, “ either verbally or by any written or printed communication,” to accuse, &c. Rev. Sts. c. 125, § 17.
The indictment contains no averment that the threats charged were made in either form. If it were impossible that such a threat could be indicated without written or spoken words, it might be held that the offence was fully charged in the indictment as it stands, and so the omission be regarded as immaterial. But it does not appear to us to be so. In certain possible positions of the parties, and in…
2Cases cited1 opinion
- Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
3Cited by5 opinions
- Commonwealth v. MatchettMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. BracyMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. PelletierMassachusetts Supreme Judicial Court · 1928
- State v. LynchWest Virginia Supreme Court · 1919
- Commonwealth v. MatchettMassachusetts Supreme Judicial Court · 1982