Legal Opinion

Commonwealth v. Bearse

Massachusetts Supreme Judicial Court

Decided November 15, 1871PublishedCited by 3 opinions

Indictment on the Gen. Sts. c. 160, § 32,* averring that the defendant at Malden on November 22, 1870, “ feloniously, wilfully and maliciously did mingle a large quantity, to wit, one drachm, of a certain deadly poison, called belladonna, with the food of one Elizabeth L. Bearse, with intent, then and there, thereby the said Elizabeth L. Bearse feloniously, wilfully and of his malice aforethought to kill,” against the peace of the Commonwealth and contrary to the form of the…

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Indictment on the Gen. Sts. c. 160, § 32,* averring that the defendant at Malden on November 22, 1870, “ feloniously, wilfully and maliciously did mingle a large quantity, to wit, one drachm, of a certain deadly poison, called belladonna, with the food of one Elizabeth L. Bearse, with intent, then and there, thereby the said Elizabeth L. Bearse feloniously, wilfully and of his malice aforethought to kill,” against the peace of the Commonwealth and contrary to the form of the statute, &c. Before the jury were empanelled in the superior court, the defendant moved to quash the indictment on the…

1Opinion of the Court

By the Coheit.

The indictment sufficiently sets forth an offence under the statute.

Exceptions overruled.

2Cited by3 opinions

  1. Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 2004
  2. Commonwealth v. HobbsMassachusetts Supreme Judicial Court · 1886
  3. Commonwealth v. WalkerMassachusetts Appeals Court · 2004

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