Commonwealth v. Roosnell
Massachusetts Supreme Judicial Court
Two indictments, each containing two counts, and alleging that the defendant, on March 22 and 23, 1886, respectively, at Fitchburg, in and upon a female child named, she being under the age of ten years, “ feloniously did make an assault with intent the said ” child “ then and there feloniously to unlawfully and carnally know and abuse.”
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Two indictments, each containing two counts, and alleging that the defendant, on March 22 and 23, 1886, respectively, at Fitchburg, in and upon a female child named, she being under the age of ten years, “ feloniously did make an assault with intent the said ” child “ then and there feloniously to unlawfully and carnally know and abuse.” The cases were tried together in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows: The evidence for the government tended to prove that the defendant, on or about March 22, 1886, invited the children mentioned…
1Opinion of the CourtC. Allen, J.
The chief argument for the defendant is, that an indictment for an assault upon a female child under the age of ten years, with intent to unlawfully and carnally know and abuse her, cannot be maintained without proof that the acts were done without her consent; that the carnal knowledge and abuse of a child is a special statutory offence, distinct from the crime of rape; and that the consent of the child is no defence to the substantive crime, because the statute expressly so provides or implies, but is a defence to the assault with intent, because the terms of the statute do not extend to…
2Cases cited10 opinions
- People v. McDonaldMichigan Supreme Court · 1861
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. McDonaldMassachusetts Supreme Judicial Court · 1872
- State v. . JohnstonSupreme Court of North Carolina · 1877
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Commonwealth v. HelfantMassachusetts Supreme Judicial Court · 1986
- Commonwealth v. GallantMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. ChretienMassachusetts Supreme Judicial Court · 1981
44 more not listed; retrieve them via the Exa API.