Commonwealth v. Cunningham
Massachusetts Supreme Judicial Court
The defendants were indicted, at the last June term in this county, for assaulting, beating, wounding, and ill-treating one Mary Gove, so that her life was put in great danger; et alia enormia, fyc.
Read the full summary
The defendants were indicted, at the last June term in this county, for assaulting, beating, wounding, and ill-treating one Mary Gove, so that her life was put in great danger; et alia enormia, fyc. At the last September term, the defendants pleaded in bar and set forth a process issued by a justice of the peace for this county against them, upon the complaint of the said Mary, and Elijah Gove, her husband, for the same assault and battery, upon which, after a full hearing, they were acquitted by the justice, and discharged of the said complaint, to go without day ; and they made a profert of…
1Opinion of the Court
The Court suggested, that, when the papers were handed to them, *202they were somewhat at a loss to conjecture upon what ground the Attorney-General meant to rest his demurrer. Upon looking into the proceedings of the justice, as shown on oyer, some inaccuracies were observable; but these were not mentioned in the argument, and, upon consideration, they seemed well enough.
* As to the ground taken by the Solicitor- General, it is . wholly untenable. We cannot say, from this record, that the justice had not authority by law to try the defendants, and, according to his discretion, upon the evidence,…
2Cited by13 opinions
- Roberts v. StateSupreme Court of Georgia · 1853
- State v. ElderIndiana Supreme Court · 1879
- State v. CooperSupreme Court of New Jersey · 1833
- Friend v. StateCourt of Appeals of Maryland · 1938
- Harrison v. StateSupreme Court of Alabama · 1860
8 more not listed; retrieve them via the Exa API.