Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 207
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 207
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218.
There is no count at common law, and that is said by the de- fendant to distinguish this case from other cases of indictment for murder in which similar questions as to the constitutionality of the statute have been raised. It is true, as the defendant contends, that in previous cases of murder there has been a count at common law added to the count under the statute ; but nevertheless we think that the question as to the constitution- ality of the statute must be regarded as having been s...ettled in the affirmative by previous decisions in a variety of cases and, it seems to us, rightly so. Commonwealth v. McDonald^ 187 Mass. 581, 585. Commonwealth v. Snell^ 189 Mass. 12. Com- monwealth V. Sinclair^ 195 Mass. 100. Commonwealth v. Bailey^ 199 Mass. 585. Commonwealth v. King, 202 Mass. 879, 884.
In Commonwealth v. Storti^ 177 Mass. 839, the court expressly declined to give any countenance to the suggestion that the statute was unconstitutional. The purpose of the constitutional provisions relied on is to secure to the accused such a descrip- tion of the offense with which he is charged as will enable him fully to understand it and to prepare his defense.
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To quickly assess the difficulty of the text, read a short excerpt:
218.
There is no count at common law, and that is said by the de- fendant to distinguish this case from other cases of indictment for murder in which similar questions as to the constitutionality of the statute have been raised. It is true, as the defendant contends, that in previous cases of murder there has been a count at common law added to the count under the statute ; but nevertheless we think that the question as to the constitution- ality of the statute must be regarded as having been s...ettled in the affirmative by previous decisions in a variety of cases and, it seems to us, rightly so. Commonwealth v. McDonald^ 187 Mass. 581, 585. Commonwealth v. Snell^ 189 Mass. 12. Com- monwealth V. Sinclair^ 195 Mass. 100. Commonwealth v. Bailey^ 199 Mass. 585. Commonwealth v. King, 202 Mass. 879, 884.
In Commonwealth v. Storti^ 177 Mass. 839, the court expressly declined to give any countenance to the suggestion that the statute was unconstitutional. The purpose of the constitutional provisions relied on is to secure to the accused such a descrip- tion of the offense with which he is charged as will enable him fully to understand it and to prepare his defense.
What to read after Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 207?
You can find similar books in the "Read Also" column, or choose other free books by Massachusetts. Supreme Judicial Court to read onlineMoreLess
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