Commonwealth v. Jacobs
Massachusetts Supreme Judicial Court
Indictment under St. 1863, c. 252, § 1,* charging that the defendant, on the 1st of January 1864, at Boston, “ did unlawfully entice and solicit one Benjamin F. Darling of said Boston to leave the Commonwealth of Massachusetts for the purpose of entering upon and enlisting in the military service of the United States elsewhere, out of said commonwealth, to wit, in the State of New Hampshire,” &c.
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Indictment under St. 1863, c. 252, § 1,* charging that the defendant, on the 1st of January 1864, at Boston, “ did unlawfully entice and solicit one Benjamin F. Darling of said Boston to leave the Commonwealth of Massachusetts for the purpose of entering upon and enlisting in the military service of the United States elsewhere, out of said commonwealth, to wit, in the State of New Hampshire,” &c. At the trial in the superior court, before Vose, J., evidence was introduced tending to support the indictment, and it also appeared that Darling offered to enlist in New Hampshire, but upon…
1Opinion of the CourtGray, J.
The St. of 1863, c. 91, required an actual enlisting of a person in the military service without authority of the national or the state government, to constitute a crime. Commonwealth v. White, ante, 195. But the St. of 1863, c. 252, besides reenacting the earlier statute, also made it criminal “ to entice or solicit any person to leave the Commonwealth for the purpose of entering upon or enlisting, or offering themselves as substitutes for drafted persons in any military service elsewhere.” The manifest object of the legislature in adding this provision was to avoid the difficulty of proving…
2Cases cited1 opinion
- State v. WilsonSupreme Court of Connecticut · 1862
3Cited by4 opinions
- State v. MitchellSupreme Court of Missouri · 1902
- Benson v. Superior CourtCalifornia Supreme Court · 1962
- People v. . SullivanNew York Court of Appeals · 1903
- State v. MortensenUtah Supreme Court · 1938