Commonwealth v. Adams
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | Morton, J. |
| Citation | 127 Mass. 15 |
| Parties | Commonwealth v. Mary J. Adams |
| Decision Date | 17 June 1879 |
127 Mass. 15
Commonwealth
v.
Mary J. Adams
Supreme Court of Massachusetts
June 17, 1879
Suffolk. Indictment in two counts. The second count was as follows: "And the jurors aforesaid for the Commonwealth of Massachusetts, on their oath aforesaid, do further present, that a certain person, whose name and a more particular description of whom are to said jurors unknown, on the eleventh day of November in the year of our Lord one thousand eight hundred and seventy-eight, at Chelsea aforesaid, with force and arms, with the intent to procure the miscarriage of one Anna F. Clark, did unlawfully use some unlawful means to the said jurors unknown, with said intent, she the said Anna being then and there pregnant with child. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said Anna afterwards, to wit, on the twenty-second day of said November, at Chelsea aforesaid, by means of the unlawful means so as aforesaid to the said jurors unknown, in manner and form aforesaid used by said person so as aforesaid unknown, then and there died: against the peace of said Commonwealth, and contrary to the form of the statute in such case made and provided. And the jurors aforesaid for the Commonwealth of Massachusetts, on their oath aforesaid, do further present, that George A. Ellis, Mary Jane Adams and Mary E. Shaw, before the said felony and abortion was committed in manner and form aforesaid, to wit, on the eleventh day of November in the year of our Lord one thousand eight hundred and seventy-eight, with force and arms, at Chelsea aforesaid, did feloniously and maliciously incite, move and procure, aid, counsel, hire and command the said person as aforesaid unknown the said felony and abortion, in manner and form aforesaid, then and there to do and commit: against the peace of said Commonwealth, and 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. Colburn, J., overruled the motion. The defendant was then tried, and the jury returned a verdict of not guilty on the first count, and of guilty on the second count, but that the death of Clark did not result from the miscarriage as alleged in the indictment. The defendant alleged exceptions, the substance of which appears in the opinion.
Exceptions overruled.
A. Russ & D. A. Dorr, for the defendant.
G. Marston, Attorney General, for the Commonwealth.
Morton, J. Ames & Lord, JJ., absent.
OPINION [127 Mass. 16]
Morton, J.
The defendant seasonably filed a motion to quash the indictment. We need consider it only so far as applicable to the second count, the jury having returned a verdict of not guilty upon the first count. [127 Mass. 17]
1. The second count is framed under the Gen. Sts. c. 168, § 3, which provides that "whoever aids in the commission of a felony, or is accessory thereto before the fact, by counselling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner prescribed for the punishment of the principal felon." The count, after averring the commission of the felony by some person unknown, alleges that the defendant "before the said felony and abortion...
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Commonwealth v. Mannos
...the fact has always been recognized. G. L. (Ter. Ed.) c. 274, Sections 2, 3. Commonwealth v. Knapp, 9 Pick. 496. Commonwealth v. Adams, 127 Mass. 15 . Commonwealth v. Asherowski, 196 Mass. 342. Commonwealth v. Kaplan, 238 Mass. 250 . Commonwealth v. Donoghue, 266 Mass. 391. Commonwealth v. ......
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Commonwealth v. McKnight
...476;Commonwealth v. Livermore, 4 Gray, 18;Commonwealth v. Burns, 9 Gray, 287;Commonwealth v. O'Brien, 107 Mass. 208;Commonwealth v. Adams, 127 Mass. 15, 19. See G. L. (Ter. Ed.) c. 277, § 31. We have dealt with the objections to the indictments as though open on this appeal, but the practic......
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Commonwealth v. Dascalakis
...has been empanelled without the express or implied consent of the defendant. Commonwettlth v. Kimball, 7 Gray, 328, Commonwealth v. Adams, 127 Mass. 15 , 19. A nolle prosequi without the consent of the defendant after the trial has commenced and before verdict has the effect of acquittal. C......
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Lamb v. State, 12,827
...the information. Maxwell, Criminal Procedure, 497; 9 Ency. Forms, 739; Wharton, Criminal Law (8th ed.), sec. 221; Commonwealth v. Adams, 127 Mass. 15. The motion to quash the special panel because it was not composed of men whose names had been selected by the county board was properly over......
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Commonwealth v. Mannos
...the fact has always been recognized. G. L. (Ter. Ed.) c. 274, Sections 2, 3. Commonwealth v. Knapp, 9 Pick. 496. Commonwealth v. Adams, 127 Mass. 15 . Commonwealth v. Asherowski, 196 Mass. 342. Commonwealth v. Kaplan, 238 Mass. 250 . Commonwealth v. Donoghue, 266 Mass. 391. Commonwealth v. ......
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Commonwealth v. McKnight
...476;Commonwealth v. Livermore, 4 Gray, 18;Commonwealth v. Burns, 9 Gray, 287;Commonwealth v. O'Brien, 107 Mass. 208;Commonwealth v. Adams, 127 Mass. 15, 19. See G. L. (Ter. Ed.) c. 277, § 31. We have dealt with the objections to the indictments as though open on this appeal, but the practic......
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Commonwealth v. Dascalakis
...has been empanelled without the express or implied consent of the defendant. Commonwettlth v. Kimball, 7 Gray, 328, Commonwealth v. Adams, 127 Mass. 15 , 19. A nolle prosequi without the consent of the defendant after the trial has commenced and before verdict has the effect of acquittal. C......
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Lamb v. State, 12,827
...the information. Maxwell, Criminal Procedure, 497; 9 Ency. Forms, 739; Wharton, Criminal Law (8th ed.), sec. 221; Commonwealth v. Adams, 127 Mass. 15. The motion to quash the special panel because it was not composed of men whose names had been selected by the county board was properly over......