Commonwealth v. Mosby
Massachusetts Supreme Judicial Court
Indictment, on the Pub. Sts. c. 202, § 29, in two counts. The first count alleged that the defendant, on February 10, 1894,-feloniously, knowingly, wilfully, and maliciously did “ threaten an injury to the person of one Lydia A. Williams, to wit: to arrest, imprison, and take into custody, and cause to be arrested, imprisoned, and taken into custody, the body of her, the said Lydia, by then and there feloniously, knowingly, wilfully, and maliciously sending and causing to be…
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Indictment, on the Pub. Sts. c. 202, § 29, in two counts. The first count alleged that the defendant, on February 10, 1894,-feloniously, knowingly, wilfully, and maliciously did “ threaten an injury to the person of one Lydia A. Williams, to wit: to arrest, imprison, and take into custody, and cause to be arrested, imprisoned, and taken into custody, the body of her, the said Lydia, by then and there feloniously, knowingly, wilfully, and maliciously sending and causing to be sent to the said Lydia ” with intent thereby to extort money from the said Lydia A. Williams, the following written…
1Opinion of the CourtField, C. J.
The question in this case is whether the letters set out in the indictment contain threats to injure the person of Mrs. Williams, within the meaning of Pub. Sts. c. 202, § 29. The threats, as we construe the letters, are to arrest her on some process in order to compel her to appear in New York, either as a witness in some proceeding against other persons, or as a defendant in some proceeding against her to collect a debt. The indictment does not allege that the threats were to arrest her without legal process, or without lawful legal process, although it is difficult to conceive of any…
2Cases cited1 opinion
- Embry v. CommonwealthCourt of Appeals of Kentucky · 1881
3Cited by5 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Hurle's CaseMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1982
- Schultz v. StateWisconsin Supreme Court · 1908
- State v. SimmonsSupreme Court of Rhode Island · 1974