Commonwealth v. Hollis
Massachusetts Supreme Judicial Court
Indictment, alleging that the defendant, on May 11, 1897, at Randolph, in and upon Carrie E. Goldthwaite, a female child under the age of sixteen years, “ feloniously did make an assault with the intent then and there her, the said Carrie E. Goldthwaite then and there feloniously to ravish and carnally known [sic] by force and against her will, and her the said Carrie E. Goldthwaite then and there by force and against her will feloniously did ravish and carnally know.”
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Indictment, alleging that the defendant, on May 11, 1897, at Randolph, in and upon Carrie E. Goldthwaite, a female child under the age of sixteen years, “ feloniously did make an assault with the intent then and there her, the said Carrie E. Goldthwaite then and there feloniously to ravish and carnally known [sic] by force and against her will, and her the said Carrie E. Goldthwaite then and there by force and against her will feloniously did ravish and carnally know.” Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. The evidence for…
1Opinion of the CourtAllen, J.
The defendant contends that there was no evidence, or at any rate no sufficient evidence, to sustain the material allegations of the indictment.
1. As to carnal knowledge. The evidence tended to show that the defendant and the girl had been in bed together, undressed, early in the morning, and the physical condition of the girl tended to show carnal knowledge. Under ordinary circumstances, such evidence would be sufficient, and it was for the jury to determine how far the inference of guilt was weakened by the other facts relied on.
2. As to the age of the girl. Through inadvertence, perhaps,…
2Cases cited5 opinions
- People v. . LedwonNew York Court of Appeals · 1897
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1891
- Keith v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1885
- Commonwealth v. PhillipsMassachusetts Supreme Judicial Court · 1895
3Cited by33 opinions
- Commonwealth v. FergusonMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. AlbanoMassachusetts Supreme Judicial Court · 1977
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- Commonwealth v. ColemanMassachusetts Supreme Judicial Court · 1975
- Herman v. FineMassachusetts Supreme Judicial Court · 1943
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