Commonwealth v. Richmond
Massachusetts Supreme Judicial Court
Indictment, found and returned on September 4,1909, charging the defendant with the murder of one Stewart MacTavish on July 23,1909, in a house known as the Hotel Florence, at Cambridge, which was kept by the defendant as a boarding and lodging house.
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Indictment, found and returned on September 4,1909, charging the defendant with the murder of one Stewart MacTavish on July 23,1909, in a house known as the Hotel Florence, at Cambridge, which was kept by the defendant as a boarding and lodging house. In the Superior Court the defendant was tried before Crosby and Dana, JJ., and the charge to the jury was made by Dana, J. The jury returned a verdict of guilty of murder in the second degree; and the defendant alleged exceptions, raising the questions which are stated and considered in the opinion.
1Opinion of the CourtRugg, J.
The defendant was indicted for murder. 1. The defendant filed no motion to quash the indictment. Hence the faint suggestion now made that it is defective, in that it is uncertain whether the assault and murder are charged to have been committed upon one and the same person, because “ said ” does not precede the second mention of the name of the person alleged to have been murdered, is not open to her. We do not intimate that there .would be anything in the point even if seasonably presented. The indictment followed the form prescribed in R. L. c. 218, § 67. Commonwealth v. Min Sing, 202 Mass.…
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