Legal Opinion

Commonwealth v. Brown

Massachusetts Supreme Judicial Court

Decided October 20, 1876PublishedCited by 83 opinions

Indictment in six counts. The first count alleged that David R. Brown, on December'1,1874, at Boston, “with force and arms, did unlawfully use a certain instrument, a more particular description of which is to the said jurors unknown, by then and there forcing and thrusting said instrument into the body and womb of one Ann Powers, otherwise called Emma L. Smith, she, the said Powers, otherwise called Smith, being then and there pregnant with child, with the intent of him,…

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Indictment in six counts. The first count alleged that David R. Brown, on December'1,1874, at Boston, “with force and arms, did unlawfully use a certain instrument, a more particular description of which is to the said jurors unknown, by then and there forcing and thrusting said instrument into the body and womb of one Ann Powers, otherwise called Emma L. Smith, she, the said Powers, otherwise called Smith, being then and there pregnant with child, with the intent of him, said Brown, thereby then and there to procure the miscarriage of the said Powers, otherwise called Smith; against the…

1Opinion of the CourtGray, C. J.

The court has no doubt that the provisions of the Gen.. Sts. c. 132, as to the drawing and selecting of jurors, are within the constitutional authority of the Legislature. Both before and since the adoption of the Constitution of the Commonwealth, the Legislature of Massachusetts has defined the persons who should constitute the class from which jurors should be taken, and has authorized the list to be made up of such persons as the municipal authorities should select from that class. Anc. Chart. 144, 221, 282, 332. Sts. 1784, cc. 4, 7 ; 1793, c. 63; 1802, c. 92 ; 1807, c. 140; 1812, c. 141.…

2Cases cited8 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. Clinton v. EnglebrechtSupreme Court of the United States · 1872
  3. Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
  4. Thomson v. Lee CountySupreme Court of the United States · 1866
  5. Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876

3 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
  2. Commonwealth v. BellinoMassachusetts Supreme Judicial Court · 1947
  3. Springer v. City of ChicagoIllinois Supreme Court · 1891
  4. Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
  5. Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907

78 more not listed; retrieve them via the Exa API.

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