Commonwealth v. Cornell
Massachusetts Supreme Judicial Court
Indictment, returned on August 17, 1910, in two counts, the first charging that the defendant “did wilfully and maliciously administer certain poison, to wit: — paris green to certain cattle belonging to Edward D. Leonard,” and the second charging that the defendant “did wilfully and maliciously expose certain poison, to wit: — paris green, with intent that it should be taken or swallowed by cattle belonging to Edward D. Leonard.”
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Indictment, returned on August 17, 1910, in two counts, the first charging that the defendant “did wilfully and maliciously administer certain poison, to wit: — paris green to certain cattle belonging to Edward D. Leonard,” and the second charging that the defendant “did wilfully and maliciously expose certain poison, to wit: — paris green, with intent that it should be taken or swallowed by cattle belonging to Edward D. Leonard.” R. L. c. 208, § 98, reads as follows: “Whoever wilfully and maliciously kills, maims or disfigures any horse, cattle or other beast of another person, or wilfully…
1Opinion of the CourtLoring, J.
If the defendant exposed poison with intent that it should be swallowed but it was not swallowed by the cattle in question, the jury had to find a verdict of guilty on the second count and a verdict of not guilty on the first. There is no inconsistency between the two.
The other reason for arresting judgment was that “cattle” is not sufficiently definite. This was a cause existing before verdict not affecting the jurisdiction of the court and so not ground for arresting judgment. R. L. c. 219, § 38. Commonwealth v. Monahan, 170 Mass. 460.
It is not improper to add, however, that there is…
2Cases cited4 opinions
- Commonwealth v. JordanMassachusetts Supreme Judicial Court · 1911
- Commonwealth v. DillMassachusetts Supreme Judicial Court · 1894
- State v. BrookhouseWashington Supreme Court · 1894
- Commonwealth v. MonahanMassachusetts Supreme Judicial Court · 1898
3Cited by3 opinions
- Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1961
- Commonwealth v. MassadMassachusetts Supreme Judicial Court · 1922