Commonwealth v. Adams
Massachusetts Supreme Judicial Court
Complaint for assault and battery. At the trial in the Superior Court, before Bacon, J., it appeared that the defendant was driving in a sleigh down Beacon Street, and was approaching the intersection of Charles Street, when a team occupied the crossing. The defendant endeavored to pass the team while driving at a rate prohibited by an ordinance of the city of Boston. In so doing, he ran against and knocked down a boy who was crossing Beacon Street.
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Complaint for assault and battery. At the trial in the Superior Court, before Bacon, J., it appeared that the defendant was driving in a sleigh down Beacon Street, and was approaching the intersection of Charles Street, when a team occupied the crossing. The defendant endeavored to pass the team while driving at a rate prohibited by an ordinance of the city of Boston. In so doing, he ran against and knocked down a boy who was crossing Beacon Street. No special intent on the part of the defendant to injure the boy was shown. The defendant had pleaded guilty to a complaint for fast driving, in…
1Opinion of the CourtEndicott, J.
We are of opinion that the ruling in this case cannot be sustained. It is true that one in the pursuit of an unlawful ac- may sometimes be punished for another act done without design and by mistake, if the act done was one for which he could have been punished if done wilfully. But the act, to be unlawful in this sense, must be an act bad in itself, and done with *324an evil intent; and the law has always made this distinction, that if the act the party was doing was merely malum prohibitum, he shall not be punishable for the act arising from misfortune or mistake; but if malum in se, it is…
2Cited by34 opinions
- Commonwealth v. BeckettMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. CatalinaMassachusetts Supreme Judicial Court · 1990
- State v. LingmanUtah Supreme Court · 1939
- Commonwealth v. O'RourkeMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. HawkinsMassachusetts Supreme Judicial Court · 1893
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