Legal Opinion

Commonwealth v. Peach

Massachusetts Supreme Judicial Court

Decided October 11, 1921PublishedCited by 22 opinions

Indictment in two counts, found and returned on May 5, 1921, charging, in the first count, that the defendant “did assault and beat Harriet E. Peck and by such assault and beating did kill” her, and, in the second count, that the assault and beating was “by so recklessly, carelessly and negligently driving and operating a motor vehicle that it collided with a motor vehicle of which the said Harriet E. Peck was an occupant;” also a Complaint, received and sworn to in the…

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Indictment in two counts, found and returned on May 5, 1921, charging, in the first count, that the defendant “did assault and beat Harriet E. Peck and by such assault and beating did kill” her, and, in the second count, that the assault and beating was “by so recklessly, carelessly and negligently driving and operating a motor vehicle that it collided with a motor vehicle of which the said Harriet E. Peck was an occupant;” also a Complaint, received and sworn to in the District Court of Eastern Hampden on October 10, 1920, charging the defendant with operating an automobile upon a public way…

1Opinion of the CourtJenney, J.

The exceptions were taken in two criminal cases which were tried together in the Superior Court. In one case, the defendant was found guilty of manslaughter because the jury found that the death of Harriet E. Peck had been caused by his gross negligence or wanton and reckless act in driving an automobile. In the other, he was acquitted of the charge of so operating an automobile that the lives and safety of the public might be endangered. St. 1909, c. 534, § 22. St. 1916, c. 290. G. L. c. 90, § 24.

At the trial, the defendant did not contend that there was no evidence warranting his conviction…

2Cases cited9 opinions

  1. Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
  2. Commonwealth v. FeciMassachusetts Supreme Judicial Court · 1920
  3. Commonwealth v. HawkinsMassachusetts Supreme Judicial Court · 1893
  4. Loveland v. RandMassachusetts Supreme Judicial Court · 1908
  5. Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1883

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
  2. Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
  3. Commonwealth v. RandMassachusetts Supreme Judicial Court · 1973
  4. Commonwealth v. CampbellMassachusetts Supreme Judicial Court · 1985
  5. Commonwealth v. AroneMassachusetts Supreme Judicial Court · 1928

17 more not listed; retrieve them via the Exa API.

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