Morey v. Commonwealth
Massachusetts Supreme Judicial Court
Writ of error to reverse the judgment of the superior court upon a conviction of the plaintiff in error on an indictment for adultery. Plea, in nullo est erratum. The record showed that at September term 1867 of the superior court in Norfolk two indictments were found against the plaintiff in error, the first for lewd and lascivious cohabitation, and the second for adultery.
Read the full summary
Writ of error to reverse the judgment of the superior court upon a conviction of the plaintiff in error on an indictment for adultery. Plea, in nullo est erratum. The record showed that at September term 1867 of the superior court in Norfolk two indictments were found against the plaintiff in error, the first for lewd and lascivious cohabitation, and the second for adultery. The first indictment charged that he and Bridget Kennedy, on October 1, 1866, and “ from that day continually to ” August 1,1867, at Quincy, “ did lewdly and lasciviously associate and cohabit together,” they “not being…
1Opinion of the CourtGbay, J.
A conviction or acquittal upon one indictment is na bar to a subsequent conviction and sentence upon another, unlets the evidence required to support a conviction upon one of them would have been sufficient to warrant a conviction upon the other. The test is not whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offence. A single act may be an offence against two statutes ; and if each statute requires proof of an additional fact, which the other does not, an acquittal or conviction under either statute does not exempt the…
2Cases cited4 opinions
- Barnett's Adm'r v. Barnett's Adm'rCourt of Appeals of Kentucky · 1858
- Commonwealth v. SquiresMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. HoganMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. SheehanMassachusetts Supreme Judicial Court · 1870
3Cited by466 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- United States v. DixonSupreme Court of the United States · 1993
- Illinois v. VitaleSupreme Court of the United States · 1980
- Richardson v. StateIndiana Supreme Court · 1999
461 more not listed; retrieve them via the Exa API.