Commonwealth v. Nichols
Massachusetts Supreme Judicial Court
Indictment, as follows: “The jurors of the Commonwealth of Massachusetts, on their oath present, that John F. Nichols, of Fall River in the county of Bristol, and Almon Ingalls, of Malden in the county of Middlesex, at Fall River in the county of Bristol, on the 'thirtieth day of January in the year of our Lord one thousand eight hundred and seventy-eight, wickedly "and maliciously devising and intending unjustly, fraudulently and maliciously to deprive one Mary A. C.…
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Indictment, as follows: “The jurors of the Commonwealth of Massachusetts, on their oath present, that John F. Nichols, of Fall River in the county of Bristol, and Almon Ingalls, of Malden in the county of Middlesex, at Fall River in the county of Bristol, on the 'thirtieth day of January in the year of our Lord one thousand eight hundred and seventy-eight, wickedly "and maliciously devising and intending unjustly, fraudulently and maliciously to deprive one Mary A. C. Nichols of her good name and character, and to subject her without any just cause to the punishment by law prescribed for the…
1Opinion of the CourtW. Allen, J.
The demurrer to the special plea in bar was properly sustained.
The second count is good. Rejecting all averments not traversable, it sufficiently alleges a conspiracy falsely to charge and *535accuse Mary A. C. Nichols of adultery, and thereby to extort from her a release of valuable rights, and to compel her to do acts against her will. Commonwealth v. O’Brien, 12 Cush. 84. Commonwealth v. Andrews, 132 Mass. 263. The motion to quash the indictment was therefore properly overruled.
But the defendants contend that the first and third counts are bad, and should be quashed; and that a general verdict…
2Cases cited4 opinions
- Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. FlaggMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. StortiMassachusetts Supreme Judicial Court · 1901
- Commonwealth v. LowreyMassachusetts Supreme Judicial Court · 1893
- Collins v. CommonwealthMassachusetts Supreme Judicial Court · 1943
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