Commonwealth v. Delano
| Citation | 83 N.E. 406,197 Mass. 166 |
| Parties | COMMONWEALTH v. DELANO. |
| Decision Date | 11 January 1908 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Michael J. Dwyer, Asst. Dist. Atty., for the Commonwealth.
William R. Scharton, for defendant.
The only argument put forward by the defendant is that although the act here complained of was an 'unnatural and lascivious act with another person' it was not an act of copulation and that for that reason on the authority of what was stated obiter in Com. v. Dill, 160 Mass. 536, 537, 36 N.E. 472, it is an act not within Rev. Laws, c. 212, § 27.
It is plain that St. 1887, p. 1099, c. 436, § 1, now Rev. Laws, c. 212, § 27, was intended to make criminal any and all unnatural and lascivious acts with another person. Copulation is the natural act of coition and is not within the statute. It is evident that that word was not used accurately in the opinion in Commonwealth v. Dill, 160 Mass. 536, 537, 36 N.E. 472.
Verdict to stand.
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...which need not be narrated or summarized, to support the charge. There is nothing inconsistent with this result in Commonwealth v. Delano, 197 Mass. 166, 83 N. E. 406. If it be assumed, but without so deciding, that there was evidence sufficient to prove a different crime from that laid in ......