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59 Mass. 295 *; 1850 Mass. LEXIS 8 **; 5 Cush. 295
Commonwealth vs. John W. Webster.
Prior History: [**1] The defendant, professor of chemistry, in the medical college, in Boston, attached to the university at Cambridge, was indicted in the municipal court at the January term, 1850, for the murder of Dr. George Parkman, at Boston, on the 23d of November, 1849. The indictment having been transmitted to this court, as required by the Rev. Sts. c.136, § 20, the defendant was tried at the present term before the Chief Justice, and Justices Wilde, Dewey, and Metcalf.
The indictment contained four counts, the first of which alleged the crime to have been committed by stabbing with a knife, the second by a blow on the head with a hammer; and the third by striking, kicking, beating, and throwing on the ground. The fourth court was as follows: -- "That the said John W. Webster, at Boston aforesaid, in the county aforesaid, in a certain building, known as the medical college, there situate, on the twenty-third day of November last past, in and upon the said George Parkman, feloniously, wilfully, and of his malice aforethought, did make an assault; and him, the said George Parkman, in some way and manner, and by some means, instruments, and weapons, to the jurors unknown, did then and there [**2] feloniously, wilfully, and of malice aforethought, deprive of life; so that he, the said George Parkman, then and there died; and so the jurors aforesaid, upon their oaths aforesaid, do say, that the said John W. Webster, him, the said George Parkman, in the manner and by the means aforesaid, to them the said jurors unknown, then and there, feloniously, wilfully, and of this malice aforethought, did kill and murder; against the peace and dignity of the commonwealth aforesaid, and contrary to the form of the statute in such case made and provided."
circumstances, murder, homicide, malice, killing, circumstantial evidence, deceased, tending, indictment, manslaughter, pistol, provocation, occasioned, violence, cases, rebut, sudden, weapon, present case, motive, guilt, principles, supposed, passion, wound, blow, dead, good character, common law, deliberation
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