Commonwealth v. Woodward
Massachusetts Supreme Judicial Court
Indictment for manslaughter, with three counts, each alleging that the defendant on October 6, 1868, at Greenfield, “feloniously and wilfully” struck Walter S. Coombs on the left side of his head with “a whipstock,” and the death of Coombs ensued from the injury given by the blow; and the first count describing that injury as “ one mortal wound,” the second count as “ one mortal bruise,” and the third count as “ one mortal fracture, of the length of three inches, of the…
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Indictment for manslaughter, with three counts, each alleging that the defendant on October 6, 1868, at Greenfield, “feloniously and wilfully” struck Walter S. Coombs on the left side of his head with “a whipstock,” and the death of Coombs ensued from the injury given by the blow; and the first count describing that injury as “ one mortal wound,” the second count as “ one mortal bruise,” and the third count as “ one mortal fracture, of the length of three inches, of the breadth of one quarter of an inch, and of the depth of two inches.” At the trial in the superior court, before Dewey, J.,…
1Opinion of the CourtWells, J.
1. The only question argued, upon the motion to quash the indictment, relates to the sufficiency of the description of the wound from which death is alleged to have ensued. In the first count, it is described only as “one mortal wound” in and upon the left side of the head. The defendant’s counsel *159argues that this is not sufficient, because it is not made to appear that the wound was not an incised wound; and, if it was an incised wound, it should have been described by its length, breadth and depth.
In the case of Commonwealth v. Chapman, 11 Cush. 422, relied upon to sustain this position,…
2Cited by35 opinions
- Commonwealth v. GarciaMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. KendrickMassachusetts Supreme Judicial Court · 1966
- Commonwealth v. JordanMassachusetts Supreme Judicial Court · 1911
- State v. WilsonSupreme Court of Iowa · 1943
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