Commonwealth v. Blaney
Massachusetts Supreme Judicial Court
Indictment on the Pub. Sts. c. 202, § 19, charging that the defendant, on April 9, 1882, at Attleborough, “ with force and ■ arms, with malicious intent one Ann Blaney then and there to maim and disfigure, in and upon the said Ann Blaney feloniously did make an assault; ” and that the defendant “ a portion of the nose of the said Ann Blaney then and there feloniously and maliciously did bite off.”
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Indictment on the Pub. Sts. c. 202, § 19, charging that the defendant, on April 9, 1882, at Attleborough, “ with force and ■ arms, with malicious intent one Ann Blaney then and there to maim and disfigure, in and upon the said Ann Blaney feloniously did make an assault; ” and that the defendant “ a portion of the nose of the said Ann Blaney then and there feloniously and maliciously did bite off.” At the trial in the Superior Court, before Colburn, J., the jury returned a verdict of guilty ; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtDevens, J.
The statute has created a highly penal offenoe, which is committed when one, “ with malicious intent to malm or disfigure,” “cuts, slits or mutilates the nose or lip” of another. Pub. Sts. c. 202, § 19. The indictment has not used the words of the statute, but charges that, with such malicious intent, the defendant “ a portion of the nose of the said Ann Blaney then and there feloniously and maliciously did bite off.” Before the jury were empanelled, the defendant moved in the Superior Court that the indictment be quashed, on the ground that it did not properly set forth the offence described…
2Cases cited1 opinion
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1881
3Cited by5 opinions
- Commonwealth v. HoganMassachusetts Appeals Court · 1979
- Commonwealth v. EatonMassachusetts Appeals Court · 1974
- Commonwealth v. McMenimonMassachusetts Supreme Judicial Court · 1936
- State v. HowesWest Virginia Supreme Court · 1885
- Commonwealth v. RobinsonMassachusetts Appeals Court · 1988