Commonwealth v. Hall
Massachusetts Supreme Judicial Court
Indictment alleging that the defendant, on September 12, 1885, “together with divers other evil-disposed persons to the number of five and more, whose names are to the said jurors unknown, at Northampton .... unlawfully, riotously, and routously did assemble and gather together, to the disturbance of the public peace, and being so then and there assembled and gathered together, in and upon one Mary Better, then and there unlawfully, riotously, and routously did make an…
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Indictment alleging that the defendant, on September 12, 1885, “together with divers other evil-disposed persons to the number of five and more, whose names are to the said jurors unknown, at Northampton .... unlawfully, riotously, and routously did assemble and gather together, to the disturbance of the public peace, and being so then and there assembled and gathered together, in and upon one Mary Better, then and there unlawfully, riotously, and routously did make an assault, and the said Mary Better then and there unlawfully, riotously, and routously did beat, wound, and ill treat, and…
1Opinion of the CourtC. Allen, J.
The general rule is familiar, that a defendant in an indictment may be convicted of any offence which is well charged therein, and is proved, although the whole charge contained in the indictment is not proved. But the defendant contends that the present case falls within an exception to the rule, and that no conviction for assault and battery only can be had on an indictment which charges, in one count, a riot and an assault and battery committed riotously. The decision in Rex v. Heaps, 2 Salk. 593, S. C. nom. Rex v. Sudbury, 1 Ld. Raym. 484, is chiefly relied on to support this view; and it…
2Cited by5 opinions
- Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. FrishmanMassachusetts Supreme Judicial Court · 1920
- State v. HenrySupreme Judicial Court of Maine · 1904
- State v. CottonSouth Dakota Supreme Court · 1915
- Commonwealth v. StaceyMassachusetts Superior Court · 1995