Legal Opinion

Commonwealth v. Ibrahim

Massachusetts Supreme Judicial Court

Decided October 20, 1903PublishedCited by 10 opinions

Indictment for murder in the second degree, returned by the grand jury in the Superior Court for the County of Worcester on May 11, 1903. The indictment was as follows: “ The Jurors for the Commonwealth aforesaid, on their oath present That Esad Ibrahim, Hussien Ibrahim, Teyfic Bekir, and Jelaladdin Ahmid, each being of Horthbridge in said County of Worcester, on the twenty-eighth day of April in the year of our Lord one thousand nine hundred and three, at Northbridge in…

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Indictment for murder in the second degree, returned by the grand jury in the Superior Court for the County of Worcester on May 11, 1903. The indictment was as follows: “ The Jurors for the Commonwealth aforesaid, on their oath present That Esad Ibrahim, Hussien Ibrahim, Teyfic Bekir, and Jelaladdin Ahmid, each being of Horthbridge in said County of Worcester, on the twenty-eighth day of April in the year of our Lord one thousand nine hundred and three, at Northbridge in said County of Worcester, did assault and beat Arif Fainey with intent to murder him by striking and stabbing him in and…

1Opinion of the CourtKnowlton, C. J.

The important question in this case grows out of the St. 1899, c. 409, (R. L. c. 218,) Schedule of Forms, Murder, in which we find these words, following the language which charges the crime: “ (And the jurors further say that the defendant is guilty of murder in the second degree and not in the first degree). This may be added if murder in the first degree is not alleged.” The indictment in the present case charges the defendants with murder in the second degree, following this form, and the case, not being considered capital, was tried before one justice, against the objection of the…

2Cases cited9 opinions

  1. State v. HamlinSupreme Court of Connecticut · 1879
  2. State v. BowenSupreme Court of Kansas · 1876
  3. Fahnestock v. StateIndiana Supreme Court · 1864
  4. Commonwealth v. GilbertMassachusetts Supreme Judicial Court · 1895
  5. State v. . GilchristSupreme Court of North Carolina · 1893

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Commonwealth v. CapalboMassachusetts Supreme Judicial Court · 1941
  2. Commonwealth v. ChaseMassachusetts Supreme Judicial Court · 1966
  3. Commonwealth v. CogginsMassachusetts Supreme Judicial Court · 1949
  4. Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
  5. Commonwealth v. GoldenbergMassachusetts Supreme Judicial Court · 1943

5 more not listed; retrieve them via the Exa API.

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