Commonwealth v. Holmes
Massachusetts Supreme Judicial Court
Indictment with two counts; the first charging that the defendant thrust an instrument into the pregnant womb of Elizabeth B. Blanchard with intent to procure a miscarriage, and in consequence thereof said Elizabeth died; and the second containing substantially the same averments as to the use and purpose of the use of an instrument on the body of said Elizabeth, but omitting to aver her death.
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Indictment with two counts; the first charging that the defendant thrust an instrument into the pregnant womb of Elizabeth B. Blanchard with intent to procure a miscarriage, and in consequence thereof said Elizabeth died; and the second containing substantially the same averments as to the use and purpose of the use of an instrument on the body of said Elizabeth, but omitting to aver her death. There was no averment that both counts were different descriptions of the same offence. In the superior court, before the jury were empanelled, the defendant moved to quash the indictment, for the want…
1Opinion of the CourtAmes, J.
It appears to us that the evidence which was objected to by the defendant was material and competent, and for *442that reason admissible. The witness had been permitted, without objection, to testify to a conversation, the substance and effect of which was that the defendant represented herself as having experience and skill in operations of the kind referred to in the indictment; that she had repeatedly performed them with success; and that she was ready and willing to undertake the performance of such an operation upon Elizabeth B. Blanchard. It was not in form a message directly from the…
2Cases cited1 opinion
- Commonwealth v. CainMassachusetts Supreme Judicial Court · 1869
3Cited by4 opinions
- State v. BrownNew York Court of General Session of the Peace · 1912
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. JacobsMassachusetts Supreme Judicial Court · 1890
- State Ex Rel. v. CloughSupreme Court of New Hampshire · 1902