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COMMONWEALTH v. VIERA

329 Mass. 470 (1952)

109 N.E.2d 171

COMMONWEALTH vs. FRANK VIERA.

Supreme Judicial Court of Massachusetts, Bristol.

November 26, 1952.

Attorney(s) appearing for the Case

James S. Seligman, for the defendant.

John J. Harrington, Assistant District Attorney, for the Commonwealth.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.

QUA, C.J.

The defendant has been tried and found guilty by a judge of the Superior Court sitting without jury upon an indictment the material portion of which reads: "That Frank Viera on or about the sixteenth day of September, 1951, with intent to procure the miscarriage of Elsie Pimental did unlawfully administer to her a certain drug, to wit, ergot, and did unlawfully use a certain instrument, to wit, a syringe upon the body of said Elsie Pimental

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