Commonwealth v. Lapham
Massachusetts Supreme Judicial Court
Indictment in four counts, purporting to charge the crime of attempted bribery of one Allen, a milk inspector. At the trial in the Superior Court, before the jury were impanelled, the defendant moved to quash the indictment, on the ground that it did not appear therein that Allen was at the time an executive, legislative, or judicial officer, or that there was then pending before him, or to come before him in his official capacity, any matter which might, could, or would be…
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Indictment in four counts, purporting to charge the crime of attempted bribery of one Allen, a milk inspector. At the trial in the Superior Court, before the jury were impanelled, the defendant moved to quash the indictment, on the ground that it did not appear therein that Allen was at the time an executive, legislative, or judicial officer, or that there was then pending before him, or to come before him in his official capacity, any matter which might, could, or would be influenced by the alleged acts of the defendant; that it did not appear that the samples of milk taken by Allen from the…
1Opinion of the CourtAllen, J.
1. By Pub. Sts. c. 205, § 9, it is made criminal corruptly to give, offer or promise a bribe to any executive, legislative or judicial officer. The present indictment for attempted bribery of a milk inspector does not set forth in terms that he was an executive officer, and therefore the defendant contends that it cannot be supported as a good indictment for the statutory offence; and that it is not a good indictment at common law, because milk inspectors are to be deemed executive officers, and therefore the bribery of a milk inspector must be indicted or punished under the statute, if at…
2Cases cited2 opinions
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1882
- Barefield v. StateSupreme Court of Alabama · 1848
3Cited by19 opinions
- United States v. Theodore J. Isaacs and Otto Kerner, Jr.Court of Appeals for the Seventh Circuit · 1974
- United States v. SawyerCourt of Appeals for the First Circuit · 1996
- Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. ConnollyMassachusetts Supreme Judicial Court · 1941
- Sharp v. United StatesCourt of Appeals for the Eighth Circuit · 1905
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