Commonwealth v. McAfee
Massachusetts Supreme Judicial Court
Indictment for the manslaughter of Margaret McAfee, charging that the defendant, at Boston, on July 3,1871, “her, the said Margaret, did feloniously and wilfully strike, kick, beat, bruise and wound in and upon the head and body of her,, the said Margaret, and her, the said Margaret, did throw upon the floor, thereby by the said striking, kicking, beating, wounding and throwing upon the floor, then and there giving to the said Mar. goret divers and many mortal strokes,…
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Indictment for the manslaughter of Margaret McAfee, charging that the defendant, at Boston, on July 3,1871, “her, the said Margaret, did feloniously and wilfully strike, kick, beat, bruise and wound in and upon the head and body of her,, the said Margaret, and her, the said Margaret, did throw upon the floor, thereby by the said striking, kicking, beating, wounding and throwing upon the floor, then and there giving to the said Mar. goret divers and many mortal strokes, bruises and wounds, of which, said mortal strokes, bruises and wounds the said Margaret then and there died.” At the trial in…
1Opinion of the CourtChapman, C. J.
The motion to quash the indictment was not insisted on in the argument, and the indictment appears to be sufficient. But it is contended that the cause of death is not truly stated, and that the evidence does not support the averment The allegation is, that the defendant did strike, kick, beat, bruise and wound the deceased in and upon her head and body, and throw her upon the floor. The proof was, that he struck her with his open hand upon her cheek and about the temple, and she fell upon the floor and did not speak afterwards. Medical witnesses attributed her death to falling on a chair…
2Cases cited2 opinions
- Perky v. PerryNew York Court of Chancery · 1831
- Commonwealth v. WoodwardMassachusetts Supreme Judicial Court · 1869
3Cited by14 opinions
- Soto v. CarrasquilloCourt of Appeals for the First Circuit · 1997
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Commonwealth v. SnellMassachusetts Supreme Judicial Court · 1905
- Der Minasian v. Aetna Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Randall v. RandallSupreme Court of Florida · 1947
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