Commonwealth v. Lufkin
Massachusetts Supreme Judicial Court
Complaint under Gen. Sts. c. 165, § 41, made by Edward Bassett, charging that the defendant, at a time and place named, “ with force and arms unlawfully and cruelly did beat and torture a certain horse, of the property of him the said Edward Bassett and one Knott P. Martin, against the law,” &c.
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Complaint under Gen. Sts. c. 165, § 41, made by Edward Bassett, charging that the defendant, at a time and place named, “ with force and arms unlawfully and cruelly did beat and torture a certain horse, of the property of him the said Edward Bassett and one Knott P. Martin, against the law,” &c. At the trial in the superior court,, before Vbse, J., there was evidence to prove that the horse in question was owned by Bassett & Martin, who were bakers, and that on the day named Martin drove him in a baker’s cart to the defendant’s house, stopping in the public street to deliver bread to the…
1Opinion of the CourtHoar, J.
The objection which is made to the form of the complaint cannot be supported; and the motion in arrest of judgment was properly overruled.
In considering the exceptions taken to the ruling and instructions at the trial, we find more difficulty. The defendant asked that the jury should be instructed that unless he inflicted the blows upon the horse for the purpose and with the intention of injuring the horse, or inflicting pain and suffering upon the horse, he could not be convicted. This instruction was given in a qualified manner. The jury were instructed that they must be satisfied that the…
2Cited by3 opinions
- People v. McCaughanCalifornia Supreme Court · 1957
- State v. GouldWest Virginia Supreme Court · 1885
- Commonwealth v. DalyMassachusetts Appeals Court · 2016