Commonwealth v. Kennedy
Massachusetts Supreme Judicial Court
Indictment alleging that the defendant on June 18, 1881, at Lawrence, “ with force and arms, in and upon the body of one Catharine McCarthy, otherwise called Katie McCarthy, in the peace of said Commonwealth then and there being, violently and feloniously did make an assault, with intent then and there feloniously to ravish and carnally know, by force and against her will; against the peace of the Commonwealth aforesaid, and contrary to the form of the statute in such case…
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Indictment alleging that the defendant on June 18, 1881, at Lawrence, “ with force and arms, in and upon the body of one Catharine McCarthy, otherwise called Katie McCarthy, in the peace of said Commonwealth then and there being, violently and feloniously did make an assault, with intent then and there feloniously to ravish and carnally know, by force and against her will; against the peace of the Commonwealth aforesaid, and contrary to the form of the statute in such case made and provided.” The defendant pleaded not guilty, and before the jury were sworn, “ moves to quash that portion of…
1Opinion of the CourtGray, C. J.
The single count in this indictment charges fully and plainly, substantially and formally, an assault upon Catharine McCarthy. But there can be no doubt that the further allegation of an intent to ravish, without stating that the intent was to ravish her the said Catharine McCarthy, or otherwise distinctly and formally alleging whom the defendant intended to ravish, does not set forth the aggravation with the fulness and precision required by the twelfth article of the Declaration of Rights, by the rules of criminal pleading, and by the approved precedents. The real question in the case…
2Cases cited3 opinions
- Commonwealth v. StevensonMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. DorusMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. ChiovaroMassachusetts Supreme Judicial Court · 1880
3Cited by9 opinions
- Commonwealth v. NovickiMassachusetts Supreme Judicial Court · 1949
- State v. RosenblattSupreme Court of Missouri · 1904
- State v. KelleySupreme Court of Missouri · 1907
- Commonwealth v. RobinsonMassachusetts Appeals Court · 1988
- Commonwealth v. CrowleyMassachusetts Supreme Judicial Court · 1897
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