Commonwealth v. Tobin
Massachusetts Supreme Judicial Court
Indictment averring that the defendant, at Lynn, on March 19, 1871, “ in and upon one William S. Waitt, in the peace of said Commonwealth then and there being, an assault did make, he, the said Waitt, being then and there a police officer of said Lynn, and then and there also being in the due and lawful discharge of the duties of said office, and him, the said Waitt, while then and there in the due and lawful execution of his said office, then and there unlawfully, knowingly…
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Indictment averring that the defendant, at Lynn, on March 19, 1871, “ in and upon one William S. Waitt, in the peace of said Commonwealth then and there being, an assault did make, he, the said Waitt, being then and there a police officer of said Lynn, and then and there also being in the due and lawful discharge of the duties of said office, and him, the said Waitt, while then and there in the due and lawful execution of his said office, then and there unlawfully, knowingly and designedly did hinder, resist and oppose, against the peace of the Commonwealth, and contrary to the form of the…
1Opinion of the CourtGbay, J.
1. The evidence that the person assaulted was, at the time of the assault, and with the defendant’s knowledge, acting as a police officer, and wearing the uniform and badge of such an officer, was competent and sufficient evidence of his official capacity to be submitted to the jury. The want of similar proof as to any other time might affect the weight, but not the competency, of this evidence. Commonwealth v. Kane, ante, 423. Sawyer v. Steele, 3 Wash. C. C. 464. Plumer v. Brisco, 11 Q. B. 46. Regina v. Vickery, 12 Q. B. 478. Regina v. Murphy, 8 C. & P. 297, 310.
2. A constable has the right,…
2Cases cited1 opinion
- Sawyer v. SteeleU.S. Circuit Court for the District of Eastern Pennsylvania · 1819
3Cited by30 opinions
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Wilber v. CurtisCourt of Appeals for the First Circuit · 2017
- Accarino v. United StatesCourt of Appeals for the D.C. Circuit · 1949
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
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