Commonwealth v. Dyer

Citation128 Mass. 70
PartiesCommonwealth v. Mark Dyer
Decision Date22 January 1880
CourtUnited 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: "1. Because no offence is charged in said indictment substantially and formally, fully and plainly, as required by law. 2. Because the indictment contains no allegation how, by what means or in what manner the said Andrews was intimidated, nor any allegation of the acts words or means of intimidation, nor any allegation of what was the intimidation used, to seek to prevent said Andrews &c. 3. Because said indictment does not charge, and there is no allegation, that Horace S. Andrews was intimidated, nor that said Andrews was prevented from continuing in said employment, nor that the intimidation and force were used by the defendant, nor that the defendant did seek to prevent said Andrews from, &c. 4. Because there is no allegation in said indictment that the defendant's act, or words or manner or means used, were used by the defendant with the intent to seek to prevent said Andrews from continuing in the employment of the Weetamoe Mills, and there is no charge of any intent by the defendant to seek to prevent said Andrews from continuing in said employment of said mills. 5. Because there is no allegation in said indictment that the defendant did seek to prevent any person from continuing in the employment of the Weetamoe Mills."

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.

Soule J. Colt & Ames, JJ., absent.

OPINION

Soule, J.

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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16 cases
  • Commonwealth v. Mixer
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 2 Diciembre 1910
    ...40 N. E. 862;Commonwealth v. Shea, 150 Mass. 314, 23 N. E. 47;Commonwealth v. Julius, 143 Mass. 132, 8 N. E. 898;Commonwealth v. Dyer, 128 Mass. 70. This principle has been very frequently applied to statutes respecting intoxicating liquor. In Commonwealth v. Boynton, 2 Allen, 160, it was h......
  • United States v. Patterson
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • 28 Febrero 1893
    ...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 ......
  • Commonwealth v. Mixer
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 2 Diciembre 1910
    ...163 Mass. 539, 40 N.E. 862; Commonwealth v. Shea, 150 Mass. 314, 23 N.E. 47; Commonwealth v. Julius, 143 Mass. 132, 8 N.E. 898; Commonwealth v. Dyer, 128 Mass. 70. This principle has been very frequently applied to statutes respecting intoxicating liquor. In Commonwealth v. Boynton, 2 Allen......
  • Commonwealth v. Pentz
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 28 Febrero 1924
    ...The indictment embodies in substance the words of the statute. Commonly that is sufficient as matter of criminal pleading. Commonwealth v. Dyer, 128 Mass. 70;Commonwealth v. Ellis, 207 Mass. 572, 575, 93 N. E. 823;Commonwealth v. Allison, 227 Mass. 57, 61, 116 N. E. 265;Commonwealth v. Dyer......
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