Commonwealth v. McCarty
Cases that cite this one
4 later published cases cite this decision.
- Commonwealth v. McKay (Mass. 1973)
- Collins v. Commonwealth (Mass. 1943)
- State v. Castner (Me. 1922)
- Territory of Hawaii v. Schilling (Haw. 1906)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Whether the intent is well alleged or not, the indictment could not be quashed, and it was competent for the jury, under the indictment, to find the defendants guilty of a simple assault. Commonwealth v. Fischblatt, 4 Met. 354. Commonwealth v. Dean, 109 Mass. 349. Commonwealth v. Thompson, 116 Mass. 346. Commonwealth v. Kennedy, 131 Mass. 584.
We are inclined to think that the intent to ravish Catherine Webb is well alleged, whether the intent was that only one of the defendants should ravish her, or that all should in succession, although it is not necessary to decide this. Commonwealth v. Fogerty, 8 Gray, 489, 491. Pub. Sts. c. 210, § 3. State v. Comstock, 46 Iowa, 265. 1 Russ. Crimes, (9th Am. ed.) 920. Dennis v. State, 5 Ark. 230. Regina v. Crisham, C. & M. 187.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.