Commonwealth v. Drake
Massachusetts Supreme Judicial Court
Indictment in five counts. The fourth count, upon which alone the defendant was convicted, charged that the defendant on May 10, 1876, at Boston, “ with force and arms, did unlawfully use a certain instrument, a more particular description of which is to said jurors unknown, by then and there forcing and thrusting said instrument into the body and womb of one Sarah E. Sullivan, she the said Sullivan being then and there pregnant with child, with intent to procure the…
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Indictment in five counts. The fourth count, upon which alone the defendant was convicted, charged that the defendant on May 10, 1876, at Boston, “ with force and arms, did unlawfully use a certain instrument, a more particular description of which is to said jurors unknown, by then and there forcing and thrusting said instrument into the body and womb of one Sarah E. Sullivan, she the said Sullivan being then and there pregnant with child, with intent to procure the miscarriage of said Sullivan.” In the Superior Court, before the jury were empanelled, the defendant moved for a postponement…
1Opinion of the CourtMorton, J.
These exceptions cannot be sustained.
I. The refusal of the presiding judge to grant a continuance or postponement was a matter within his discretion and not open to exception. Commonwealth v. Donovan, 99 Mass. 425.
2. The presiding judge properly refused to rule that there was no evidence to warrant the jury in finding the defendant guilty. It was proved that the miscarriage of Sarah E. Sullivan was effected by violence. The witness Wyman testified that she and Sullivan went to the defendant’s house for the purpose of procuring the abortion ; that Sullivan disclosed her condition to the…
2Cases cited4 opinions
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. BoyntonMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. LarrabeeMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- Commonwealth v. SoarisMassachusetts Supreme Judicial Court · 1931
- State v. SlorahSupreme Judicial Court of Maine · 1919
- People v. MaloneCalifornia Court of Appeal · 1947
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1879
- Eighmy v. . the PeopleNew York Court of Appeals · 1880
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