Commonwealth v. Eagan
Massachusetts Supreme Judicial Court
Complaint “ to the justice of the municipal court at Taunton, in the county of Bristol: , of Taunton, in the county of Bristol, in behalf of the Commonwealth of Massachusetts, complains” that Michael Eagan, Mary Eagan and John Eagan made an assault and battery on Patrick Saxton.
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Complaint “ to the justice of the municipal court at Taunton, in the county of Bristol: , of Taunton, in the county of Bristol, in behalf of the Commonwealth of Massachusetts, complains” that Michael Eagan, Mary Eagan and John Eagan made an assault and battery on Patrick Saxton. The complaint was signed “ Willis Potter,” and the clerk indorsed thereon that it was received and sworn to on August 3, 1869. Michael Eagan was acquitted ; Mary Eagan, who was his wife, and John Eagan, who was their son, were convicted; and Mary Eagan appealed. At the trial in the superior court, before Pitman, J.,…
1Opinion of the CourtMorton, J.
The assault of which the defendant was convicted was committed in the immediate presence of her husband. The presumption of law is, that she acted under his coercion. Commonwealth v. Gannon, 97 Mass. 547. Commonwealth v. Burk, 11 Gray, 437. It was a right of the defendant to have this principle of law stated to the jury Her counsel asked the court to instruct the jury “ that the presumption was that she acted under the coercion and control of her husband, and should be acquitted.” If there was evidence in the case to rebut the presumption in favor of the defendant, the court was justified in…
2Cases cited1 opinion
- Commonwealth v. GannonMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
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- Commonwealth v. DaleyMassachusetts Supreme Judicial Court · 1888
- Shane v. LyonsMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. HopkinsMassachusetts Supreme Judicial Court · 1882
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