Legal Opinion

Com'th v. Bowen

Massachusetts Supreme Judicial Court

Decided September 15, 1816PublishedCited by 20 opinions

The prisoner was arraigned for the murder of Jonathan Jewett, by counselling and aiding him to hang himself in prison, to avoid the ignominy of a public execution, to which he had been sentenced for the murder of his father. ’ , „ . . The indictment contained two counts.

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The prisoner was arraigned for the murder of Jonathan Jewett, by counselling and aiding him to hang himself in prison, to avoid the ignominy of a public execution, to which he had been sentenced for the murder of his father. ’ , „ . . The indictment contained two counts. The first alleged that one Jonathan Jewett, in the night time of the 8th of November, 1815, at Northampton, murdered himse^ hy hanging himself; and that the prisoner, Bowen, before the said self murder, on, &c. at, &c. feloniously, &c- did counsel, hire, persuade, and procure the said Jewett the said felony and murder of…

1Opinion of the Court

Parker, C. J.,

in charging the jury, stated that, con*230sidering the similarity between the' nature of suicide and the murder of another, and the consistency and uniformity of writers and.principles on this particular species of mur¿¡¿r, if the jury should find the facts as alleged in the indictment, they might safely pronounce the prisoner guilty. The important fact to be inquired into was, whether the prisoner was instrumental in the death of Jewett, by advice or otherwise. [Here his honour recapitulated the evidence.] The question then, is, did this advice procure the death of Jewett?

The…

2Cited by20 opinions

  1. Washington v. GlucksbergSupreme Court of the United States · 1997
  2. Commonwealth v. MinkMassachusetts Supreme Judicial Court · 1877
  3. Forden v. Joseph G.California Supreme Court · 1983
  4. People v. RobertsMichigan Supreme Court · 1920
  5. State v. WoodburySupreme Judicial Court of Maine · 1979

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