Commonwealth v. Sinclair
Massachusetts Supreme Judicial Court
Indictment, found and returned in the county of Suffolk on March 8, 1906, charging that the defendant “ on the fourth day of February, in the year of our Lord one thousand nine hundred and six, at Boston, aforesaid, with intent to procure the miscarriage of one Annie M. Russell, did unlawfully use a certain instrument upon the body of said Russell, and in consequence thereof said Russell died.” Originally the indictment had consisted of two counts.
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Indictment, found and returned in the county of Suffolk on March 8, 1906, charging that the defendant “ on the fourth day of February, in the year of our Lord one thousand nine hundred and six, at Boston, aforesaid, with intent to procure the miscarriage of one Annie M. Russell, did unlawfully use a certain instrument upon the body of said Russell, and in consequence thereof said Russell died.” Originally the indictment had consisted of two counts. At the first trial the Commonwealth with the consent of the defendant said that it would not prosecute further the first count of the indictment,…
1Opinion of the CourtSheldon, J.
The motion to quash the indictment was rightly overruled. The question arises only on the second count. This charges, following closely the language of R. L. c. 212, § 15, that the defendant, “ with intent to procure the miscarriage of one Annie M. Russell, did unlawfully use a certain instrument” upon her body. It is in the form prescribed by R. L. c. 218, § 67. See the Schedule of Forms, under Abortion, No. 2. The only specific objection suggested is that it contains neither a description of the instrument charged to have been used nor an averment that it was unknown to the grand jurors. To…
2Cases cited41 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
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3Cited by64 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Newton Girl Scout Council, Inc. v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1956
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
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