Commonwealth v. Hall
Massachusetts Supreme Judicial Court
Indictment for an unauthorized attempt to forcibly and secretly seize, take, confine, kidnap and imprison Jonas Wyeth, Jr., with intent to send and convey him out of the Commonwealth by force and against his will, in violation of the Rev. Sts. c. 125, § 20. At the trial in the court of common pleas, the district attorney introduced evidence that Wyeth, having been arrested by Richardson, a deputy sheriff of this county, and sued out a writ of nabeas corpus returnable before…
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Indictment for an unauthorized attempt to forcibly and secretly seize, take, confine, kidnap and imprison Jonas Wyeth, Jr., with intent to send and convey him out of the Commonwealth by force and against his will, in violation of the Rev. Sts. c. 125, § 20. At the trial in the court of common pleas, the district attorney introduced evidence that Wyeth, having been arrested by Richardson, a deputy sheriff of this county, and sued out a writ of nabeas corpus returnable before this court, and pending the proceedings thereon been admitted to bail, was then taken by the defendant, which was the…
1Opinion of the CourtBigelow, J.
The several objections made by the attorney general to the justification relied on by the defendant seem to us to be untenable.
1. The precepts issued by the governor of the State of Iowa and by the governor of this commonwealth are in conformity with the act of congress of February 12th 1793, c. 45, § 1, and the provisions of the Rev. Sts. c. 142, § 7. By the recital in the former it appears that the requisition on the governor of this state was made in strict conformity with the act of congress. Being an official precept, issued with all the formalities required by law and regular on its…
2Cited by1 opinion
- Kurtz v. StateSupreme Court of Florida · 1886