Commonwealth v. Jones
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 160, § 28, charging that the defendant, at a time and place named, maliciously threatened to accuse one Joseph H. Robinson of the crime of an indecent assault upon the wife of the defendant, with the intent then and thereby to extort money from Robinson.
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Indictment on the Gen. Sts. c. 160, § 28, charging that the defendant, at a time and place named, maliciously threatened to accuse one Joseph H. Robinson of the crime of an indecent assault upon the wife of the defendant, with the intent then and thereby to extort money from Robinson. At the trial in the Superior Court, before Putnam, J., it appeared in evidence on behalf of the government, that the defendant said to Robinson, substantially as follows: “You made an indecent assault upon my wife, and I will prosecute you unless you pay me seventy-five dollars.” On behalf of the defendant the…
1Opinion of the CourtAmes, J.
The evidence offered as to the truth of the accusation against Robinson might have had an important bearing upon the question of the defendant’s intent, and should have been admitted. If Robinson had in fact made such an assault upon the defendant’s wife, the defendant might lawfully demand reparation. If the wrong which he offered to prove had in fact been committed, the demand which the defendant made for payment may have been without the intent to extort money, necea - saiy to constitute the crime alleged in the indictment.
Exceptions sustained.
2Cited by7 opinions
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- People v. WhittemoreMichigan Supreme Court · 1894
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