Commonwealth v. Devine
Massachusetts Supreme Judicial Court
Indictment against Patrick Devine and Catherine Heaney. The indictment was returned into the Superior Court on October 12, 1891, and alleged in due form that the defendant Dévine was tried in the Police Court of Lawrence “ for the crime of maintaining a liquor nuisance at said Lawrence ” on May 1, 1891, and on divers other days between that day and October 7, 1891; that at the trial in the police court Catherine Heaney then and there “ appeared as a witness, and was then and…
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Indictment against Patrick Devine and Catherine Heaney. The indictment was returned into the Superior Court on October 12, 1891, and alleged in due form that the defendant Dévine was tried in the Police Court of Lawrence “ for the crime of maintaining a liquor nuisance at said Lawrence ” on May 1, 1891, and on divers other days between that day and October 7, 1891; that at the trial in the police court Catherine Heaney then and there “ appeared as a witness, and was then and there duly sworn by said court to speak the truth, the whole truth, and nothing but the truth, on the issue then…
1Opinion of the CourtMobton, J.
The defendant Devine objects that the indictment does not properly charge the crime of subornation of perjury, and that a charge for subornation of perjury and for perjury cannot be joined in one indictment. It is plain, upon the authorities, that the objection is not tenable on either ground. It is also clear that the principal and accessory may be both joined in one indictment. Commonwealth v. Adams, 7 Gray, 43. Commonwealth v. Adams, 127 Mass. 15. Commonwealth v. Darling, 129 Mass. 112. Commonwealth v. Mullen, 150 Mass. 394. Commonwealth v. Glover, 111 Mass. 395. Commonwealth v. Smith, 11…
2Cases cited5 opinions
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. GloverMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. MullenMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. DarlingMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. McCartyMassachusetts Supreme Judicial Court · 1891
3Cited by11 opinions
- Hammer v. United StatesSupreme Court of the United States · 1926
- Stone v. StateSupreme Court of Georgia · 1903
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- United States v. DietrichU.S. Circuit Court for the District of Nebraska · 1904
- State v. BixbyWashington Supreme Court · 1947
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