Massachusetts Supreme Judicial Court, 1866

Commonwealth v. Feeney

Commonwealth v. Feeney
Massachusetts Supreme Judicial Court · Decided November 15, 1866 · Gray
95 Mass. 560

Commonwealth v. Feeney

Opinion of the Court

Gray, J.

The only exception which has been argued is to the instructions given to the jury. No authority has been cited in its support, and it has no foundation in principle. A wife is not protected from responsibility for crime by her husband’s order o. *561direction, unless she is within his presence and control, so as to be presumed in law to act by his coercion. Commonwealth v. Bush, 11 Gray, 437. Commonwealth v. Butler, 1 Allen, 5, and authorities there cited. This defendant’s husband was not only absent, but in prison, and could not-control or coerce her.

Exceptions overruled.

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