Commonwealth v. Martin
Massachusetts Supreme Judicial Court
An indictment was returned at this term against the prisoner, charging that he, “On the 13th day of August, now last past, with force and arms, at, &c., in and upon one John Bray, in the peace of the said commonwealth then and there being, feloniously did make an assault, and him the said John Bray in bodily fear and danger of his life then and there feloniously did put, and one gold watch of the value of one hundred and thirty dollars, and sundry bank bills, amounting…
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An indictment was returned at this term against the prisoner, charging that he, “On the 13th day of August, now last past, with force and arms, at, &c., in and upon one John Bray, in the peace of the said commonwealth then and there being, feloniously did make an assault, and him the said John Bray in bodily fear and danger of his life then and there feloniously did put, and one gold watch of the value of one hundred and thirty dollars, and sundry bank bills, amounting together to the sum of nine dollars, and of the value of nine dollars, of the goods and chattels of him the said John Bray,…
1Opinion of the CourtParker, C. J.
In this, as in all other statutes, if there be any ambiguity of expression, the meaning and intent of the legislature must be sought for in the statute itself; if, from a consideration of other parts of it, it is capable of explanation; and from other statutes relating to the same subject, if it be necessary to resort to any thing extrinsic, in order to obtain an explanation. If a statute, creating or increas ing a penalty, be capable of two constructions, undoubtedly that construction which operates in favor of life or liberty, is to be adopted; but it is not justifiable in this, any more…
2Cited by15 opinions
- People Ex Rel. Carollo v. BrophyNew York Court of Appeals · 1945
- Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. CodyMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. NickologinesMassachusetts Supreme Judicial Court · 1948
- Commonwealth v. BeckMassachusetts Supreme Judicial Court · 1904
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