Legal Opinion

Commonwealth v. Corkin

Massachusetts Supreme Judicial Court

Decided January 1, 1884PublishedCited by 18 opinions

Indictment on the Pub. Sts. c. 207, § 9, alleging that the defendant, on November 27, 1882, at Lynn, “feloniously, maliciously, and unlawfully did use a certain instrument, the name of which instrument is to the jurors aforesaid unknown, which instrument the said William D. Corkin in his hands then and there had and held, by then and there forcing and thrusting the instrument aforesaid into the body and womb of a certain woman whose name is Abby L. Cain, with intent thereby…

Read the full summary

Indictment on the Pub. Sts. c. 207, § 9, alleging that the defendant, on November 27, 1882, at Lynn, “feloniously, maliciously, and unlawfully did use a certain instrument, the name of which instrument is to the jurors aforesaid unknown, which instrument the said William D. Corkin in his hands then and there had and held, by then and there forcing and thrusting the instrument aforesaid into the body and womb of a certain woman whose name is Abby L. Cain, with intent thereby then and there to cause and procure the miscarriage of the said Abby L. Cain, against the peace of the Commonwealth…

1Opinion of the CourtW. Allen, J.

The indictment must be construed as alleging that the defendant unlawfully used an instrument with intent to procure the miscarriage of a woman named; and it sufficiently describes the instrument, and the manner in which the defendant used it. This is a sufficient description of the statutory offence of using an instrument with intent to procure thfe miscarriage of a woman.

The evidence objected to was clearly competent for the purpose for which it was admitted. Whether it was of acts which formed part of the principal transaction, or of acts of the defendant at other times, it tended to prove…

2Cases cited4 opinions

  1. Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1882
  2. Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
  3. Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1876
  4. Commonwealth v. BradfordMassachusetts Supreme Judicial Court · 1878

3Cited by18 opinions

  1. People v. SeamanMichigan Supreme Court · 1895
  2. Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
  3. Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
  4. Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
  5. People v. HobbsIllinois Supreme Court · 1921

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API