Commonwealth v. Storti
Massachusetts Supreme Judicial Court
Indictment for murder, returned against Luigi Storti and Vincenzo Boeielli by the grand jury December 9,1899. The defendant Boeielli was not apprehended. The defendant Storti was tried in the Superior Court, before Bond and Lawton, JJ. The case came up on appeal and bill of exceptions. At the opening of the trial the defendant filed a motion to quash the indictment, which was overruled by the judges; and the defendant appealed from the order.
Read the full summary
Indictment for murder, returned against Luigi Storti and Vincenzo Boeielli by the grand jury December 9,1899. The defendant Boeielli was not apprehended. The defendant Storti was tried in the Superior Court, before Bond and Lawton, JJ. The case came up on appeal and bill of exceptions. At the opening of the trial the defendant filed a motion to quash the indictment, which was overruled by the judges; and the defendant appealed from the order. The second count of the indictment was drawn under St. 1899, c. 409, and was as follows: “ And the jurors aforesaid, for the Commonwealth of…
1Opinion of the CourtHolmes, C. J.
This is an indictment for murder upon which the defendant has been found guilty, and the case is here on exceptions and upon an appeal from the overruling of a motion to quash. The indictment is in two counts. It cannot be argued that the first is bad. The second count is in the form provided by St. 1899, c. 409, and is attacked on the ground that it does not satisfy the requirements of Article XII. of the Massachusetts Bill of Rights. Without- giving any countenance to this suggestion, it is enough to say that, the two counts are for the same offence, that any evidence which would justify or…
2Cases cited11 opinions
- Bram v. United StatesSupreme Court of the United States · 1897
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. VoseMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. SoarisMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. JordanMassachusetts Supreme Judicial Court · 1911
- Commonwealth v. RichmondMassachusetts Supreme Judicial Court · 1911
20 more not listed; retrieve them via the Exa API.