Commonwealth v. Collberg
Massachusetts Supreme Judicial Court
Two indictments : one for an assault and battery by Benjamin F. Collberg upon Charles E. Phenix; and the other for an assault and battery by Phenix upon Collberg. Both indictments were founded upon and supported by the same evidence.
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Two indictments : one for an assault and battery by Benjamin F. Collberg upon Charles E. Phenix; and the other for an assault and battery by Phenix upon Collberg. Both indictments were founded upon and supported by the same evidence. At the trial of the two indictments in the Superior Court, before Lord, J., there was evidence for the Commonwealth tending to show that about six o’clock on the evening of Sunday, August 22, 1875, Collberg and Phenix met near the station of the Boston and Maine Railroad in Malden, and had a slight altercation, , as a result of which Collberg bantered Phenix to…
1Opinion of the CourtEndicott, J.
It appears by the bill of exceptions that the parties by mutual agreement went out to fight one another in a retired place, and did fight in the presence of from fifty to one hundred persons. Both were bruised in the encounter, and the fight continued until one said that he was satisfied. There was also evidence that the parties went out to engage in and did engage in a “run and catch ” wrestling match. We are of opinion that the instructions given by the presiding judge contained a full and accurate statement of the law.
*353The common law recognizes as not necessarily unlawful' certain manly…
2Cases cited1 opinion
- Adams v. WaggonerIndiana Supreme Court · 1870
3Cited by28 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. ApplebyMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- State v. DuckettCourt of Appeals of Maryland · 1986
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