Commonwealth v. Mekelburg
Massachusetts Supreme Judicial Court
Indictment, found and returned on April 11,1918, charging the defendant with getting a woman with child, not being her husband. In the Superior Court the defendant moved that the indictment be quashed on the following grounds: "1. That the alleged offence is not the subject of indictment.
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Indictment, found and returned on April 11,1918, charging the defendant with getting a woman with child, not being her husband. In the Superior Court the defendant moved that the indictment be quashed on the following grounds: "1. That the alleged offence is not the subject of indictment. “2. That proceedings for the alleged offence can be prosecuted only upon a complaint in .the municipal, district or police court, having jurisdiction in the place where the defendant lives, and if there be no such court having jurisdiction, in the place where the mother of the illegitimate child lives.” The…
1Opinion of the CourtCrosby, J.
The defendant was indicted in one count, under St. 1913, c. 563, § 1, charging that on November 10, 1917, not being the husband of a woman therein named, he did get her with 'child. He filed a motion to quash on the ground that the alleged offence is not subject to indictment, and that proceedings under the statute can be prosecuted upon a complaint only in a municipal, district or police court having jurisdiction in the place where the defendant lives, and if there be no such court having jurisdiction, in the place where the mother of the illegitimate child lives.
The first sentence of § 1…
2Cases cited13 opinions
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Williams v. . the PeopleNew York Court of Appeals · 1862
- Medbury v. . SwanNew York Court of Appeals · 1871
- Fresno National Bank v. Superior CourtCalifornia Supreme Court · 1890
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3Cited by12 opinions
- Brennan v. Election CommissionersMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. BaxterMassachusetts Supreme Judicial Court · 1929
- Commonwealth v. HaddadMassachusetts Supreme Judicial Court · 1974
- City of Boston v. BarryMassachusetts Supreme Judicial Court · 1944
- Attleboro Trust Co. v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1926
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