Commonwealth v. Snow
Massachusetts Supreme Judicial Court
Indictment averring that the defendant on May 20,1873, “ at Athol in the county of Worcester, in and upon one Eliza A. Flint, then and there being pregnant with child, unlawfully did make an assault, and a certain instrument, the name of which is to the jurors unknown, up and into the womb and body of the said Flint unlawfully did force and thrust, with intent then, there and thereby to cause and procure the said Flint to miscarry, abort and to bring forth the said child of…
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Indictment averring that the defendant on May 20,1873, “ at Athol in the county of Worcester, in and upon one Eliza A. Flint, then and there being pregnant with child, unlawfully did make an assault, and a certain instrument, the name of which is to the jurors unknown, up and into the womb and body of the said Flint unlawfully did force and thrust, with intent then, there and thereby to cause and procure the said Flint to miscarry, abort and to bring forth the said child of which she was pregnant as aforesaid, and to kill and murder said child, by reason and means of which said last mentioned…
1Opinion of the CourtWells, J.
It might be difficult to determine, from the form of the indictment, whether it was intended to charge an assault with intent to commit a felony, under the Gen. Sts. e. 160, § 33, as is contended by the Attorney General; or an offence under the Gen. Sts. c. 165, § 9. But as it is stated in the bill of exceptions to be “ an indictment for procuring an abortion,” we must assume that it was so treated at the trial. No objection on account of duplicity in this particular was made at the trial, or in the motion to quash, and it is therefore not open now.
*54The objection, made in the motion to quash,…
2Cited by9 opinions
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- People v. WrightCalifornia Supreme Court · 1914
- Baker v. PeopleIllinois Supreme Court · 1882
- Commonwealth v. LevySuperior Court of Pennsylvania · 1941
- Davis v. StateCourt of Criminal Appeals of Texas · 1913
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