Commonwealth v. Thompson
Massachusetts Supreme Judicial Court
Indictment for an assault' with intent to ravish, averring that on November 10, 1873, the defendant, with force and arms, at Mashpee, “ in and upon the body of Susan W. Attaquin feloniously an assault did make, and her the said Susan W. Attaquin did then and there beat, bruise, strike and wound, with intent then and there, her the said Susan W. Attaquin feloniously and violently to ravish and carnally know, by force and against her wiR” In the Superior Court, before the jury…
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Indictment for an assault' with intent to ravish, averring that on November 10, 1873, the defendant, with force and arms, at Mashpee, “ in and upon the body of Susan W. Attaquin feloniously an assault did make, and her the said Susan W. Attaquin did then and there beat, bruise, strike and wound, with intent then and there, her the said Susan W. Attaquin feloniously and violently to ravish and carnally know, by force and against her wiR” In the Superior Court, before the jury were empanelled or sworn, the defendant moved to quash the indictment for the following reasons : “1. That it charges…
1Opinion of the CourtWells, J.
Rape necessarily includes an assault and battery. To sustain an indictment for assault with intent to commit a rape, under the Gen. Sts. c. 160, § 27, it is not necessary to allege or prove a battery. But a battery may be one of the facts by which the offence is made out. It then constitutes a part, though not an essential part, of the offence which the statute defines and punishes. If not alleged, there is no variance; if alleged, there is no duplicity.
In Commonwealth v. Goodhue, 2 Met. 193, an indictment for rape contained the unnecessary allegation that the offence was committed by the…
2Cases cited3 opinions
- White v. WhiteCourt of Appeals of Kentucky · 1859
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. SquiresMassachusetts Supreme Judicial Court · 1867
3Cited by18 opinions
- Commonwealth v. McKayMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. FranksMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. SevieriMassachusetts Appeals Court · 1986
- Commonwealth v. HustonSuperior Court of Pennsylvania · 1911
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