Public-domain · open source
OpenJurist

95 Mass. 560

Commonwealth v. Feeney

Massachusetts Supreme Judicial Court

Decided November 15, 1866

Massachusetts Supreme Judicial Court · decided 1866-11-15

Indictment for keeping a tenement used for the illegal keeping and sale of intoxicating liquors.

Decided 1866-11-15

Gray, J.

¶1The 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.

¶2Exceptions overruled.

/95/mass/560 · .json · Public domain