Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Indictment, in three counts, for conspiracy. The second count, upon which the defendants were convicted was as follows: “ And the jurors aforesaid, on their oath aforesaid, do further present that Horace I. Pinkham, Charles H. Cox, Fred H. Cate, George O. Tilton, William W. Ham, Charles H. Croy, and Hadley H. Hoyt, all of Haverhill in said county of Essex, at Haverhill in said county of Essex, on the Tuesday next after the first Monday of December in the year of our Lord one…
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Indictment, in three counts, for conspiracy. The second count, upon which the defendants were convicted was as follows: “ And the jurors aforesaid, on their oath aforesaid, do further present that Horace I. Pinkham, Charles H. Cox, Fred H. Cate, George O. Tilton, William W. Ham, Charles H. Croy, and Hadley H. Hoyt, all of Haverhill in said county of Essex, at Haverhill in said county of Essex, on the Tuesday next after the first Monday of December in the year of our Lord one thousand eight hundred and ninety-three, to wit, on the fifth day of December in the year of our Lord one thousand…
1Opinion of the CourtAllen, J.
The conviction was only upon the second count of the indictment. The motion to quash and the motion in arrest of judgment were not argued in behalf of any of the defendants, though they were not expressly waived. No objections to the count have been pointed out. We see no ground for quashing it, or for arresting the judgment.
The defendants object that the evidence was not sufficient to warrant a conviction. The grounds of objection relied on are, (а) that no conspiracy between the defendants was proved ; (б) that certain of the defendants took no part in any conspiracy; (c) that if there was…
2Cases cited29 opinions
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- Emery's caseMassachusetts Supreme Judicial Court · 1871
- Bloomer v. StateCourt of Appeals of Maryland · 1878
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
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3Cited by96 opinions
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- Commonwealth v. KiernanMassachusetts Supreme Judicial Court · 1964
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