Commonwealth v. Dyer
Citation | 128 Mass. 70 |
Parties | Commonwealth v. Mark Dyer |
Decision Date | 22 January 1880 |
Court | United States State Supreme Judicial Court of Massachusetts |
Argued October 28, 1879
Bristol. Indictment on the St. of 1875, c. 211, charging that the defendant, on July 13, 1879, at Fall River, "one Horace S. Andrews did unlawfully and wilfully intimidate, and did seek to intimidate, and by force and intimidation did seek to prevent from continuing in the employment of a corporation, to wit, the Weetamoe Mills, a corporation then and there duly incorporated under the laws of said Commonwealth and having its usual place of business in said Fall River, he the said Horace S. Andrews being then and there employed by and in the employment of said corporation as a spinner in the mill of said corporation; against the peace of said Commonwealth and contrary to the form of the statute in such case made and provided."
In the Superior Court, before the jury were empanelled, the defendant moved to quash the indictment for the following reasons:
Bacon J. overruled the motion; the jury returned a verdict of guilty; and the defendant alleged exceptions.
Exceptions overruled.
E. L. Barney, for the defendant.
G. Marston, Attorney General, for the Commonwealth.
OPINION
The indictment in this case contains certain unnecessary allegations. It is founded on the St. of 1875, c. 211, § 2, which is in these words: "Whoever shall by intimidation or force prevent or seek to prevent any other person or persons from entering or continuing in the employment...
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...is sufficient. II. The general allegation of threats, intimidation, and molestation is sufficient. Reg. v. Rowlands, 17 Q.B. 671; Com. v. Dyer, 128 Mass. 70. When the charge was the defendants 'unlawfully, fraudulently, and deceitfully did conspire, combine, confederate, and agree together ......
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