Commonwealth v. Brigham
Massachusetts Supreme Judicial Court
Complaint to the municipal court of the city of Boston, on the Gen. Sts. c. 165, § 41, charging that the defendant “ did wilfully and cruelly torture a certain horse.” The defendant was convicted, and appealed to the superior court, where, before a jury was empanelled, he moved to quash the complaint, on the ground that it did not sufficiently allege and describe any offence, but Pitman, J., overruled the motion.
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Complaint to the municipal court of the city of Boston, on the Gen. Sts. c. 165, § 41, charging that the defendant “ did wilfully and cruelly torture a certain horse.” The defendant was convicted, and appealed to the superior court, where, before a jury was empanelled, he moved to quash the complaint, on the ground that it did not sufficiently allege and describe any offence, but Pitman, J., overruled the motion. The defendant was then tried and found guilty,, and alleged exceptions.
1Opinion of the CourtGray, J.
This complaint avers, in tie very words of the statute upon which it is founded, that the defendant did wilfully *458and cruelly torture a certain horse. The only objection argued is that it does not specify the manner and means of the torture. But this is a mere matter of technical form. When the act charged is shown by the accusation to be a crime, our statutes require objections for merely formal defects to be taken before submitting the whole case to a decision upon the merits in the court having original jurisdiction of the case; and it is within the constitutional authority of the…
2Cases cited2 opinions
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. McClellanMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Commonwealth v. TurnerMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1879