Commonwealth v. Murphy
Massachusetts Supreme Judicial Court
The first case was an indictment in four counts, alleging that the defendant Murphy, on December 1, 1893, March 1, April 1, and May 1,1894, made an assault on Emma I. Armitage and attempted to carnally know and abuse said Emma I., she being a female child under the age of sixteen, to wit, of the age of fourteen years. At the trial in the Superior Oourt, before Braley, J., a nolle prosequi was entered as to the first and third counts.
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The first case was an indictment in four counts, alleging that the defendant Murphy, on December 1, 1893, March 1, April 1, and May 1,1894, made an assault on Emma I. Armitage and attempted to carnally know and abuse said Emma I., she being a female child under the age of sixteen, to wit, of the age of fourteen years. At the trial in the Superior Oourt, before Braley, J., a nolle prosequi was entered as to the first and third counts. The evidence offered by the government tended to show that the said Emma I. went to the defendant’s place of business and also to his residence upon his…
1Opinion of the CourtKnowlton, J.
These cases may be considered together, as substantially the same questions are raised in both of them.
Under Pub. Sts. c. 202, §§ 27, 28, the question whether an indictment for an assault with an intent to commit rape upon a female child under the age of ten years can be maintained if the child consents to what is done, was very fully considered in Commonwealth v. Roosnell, 143 Mass. 32, and decided in the affirmative. This case must be deemed to have settled the law in this Commonwealth in accordance with the weight of judicial opinion, although there is some conflict of authority in other…
2Cases cited7 opinions
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. RaymondMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. WentworthMassachusetts Supreme Judicial Court · 1875
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3Cited by45 opinions
- Commonwealth v. GallantMassachusetts Supreme Judicial Court · 1977
- United States v. CrimminsCourt of Appeals for the Second Circuit · 1941
- State v. TaylorSupreme Court of Connecticut · 1965
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Pino v. Nicolls (Two Cases)Court of Appeals for the First Circuit · 1954
40 more not listed; retrieve them via the Exa API.