Commonwealth v. Hastings
Massachusetts Supreme Judicial Court
The indictment against the defendant alleged that he, at Boston, on the 26th of April 1844, “ with force and arms, m and upon one Grant Learned an assault did make, said Learned then and there being a police officer of the city of Boston, and then and there being in the lawful discharge of his duty as such police officer, and him then and there did beat, bruise, wound and evil treat, and did then and there obstruct, hinder and oppose said Learned, in the discharge of his…
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The indictment against the defendant alleged that he, at Boston, on the 26th of April 1844, “ with force and arms, m and upon one Grant Learned an assault did make, said Learned then and there being a police officer of the city of Boston, and then and there being in the lawful discharge of his duty as such police officer, and him then and there did beat, bruise, wound and evil treat, and did then and there obstruct, hinder and oppose said Learned, in the discharge of his duty as suck police officer, and which he, the said Learned, was then and there attempting lawfully to perform.” At the…
1Opinion of the CourtShaw, C. J.
The defendant was indicted in the municipal court for an assault and battery on Grant Learned, averred to be a civil officer, and obstructing him in the discharge of his duty. The defendant was convicted, and filed exceptions, upon which the case comes before this court.
1. The first exception is, that the said Learned was not an officer of the law. It appears by St. 1838, c. 123, that the mayor and aldermen of the city of Boston were authorized to appoint such police officers, for said city, as they might judge necessary, with all or any of the powers of the constables of said city, except…
2Cases cited1 opinion
- Taylor v. StrongNew York Supreme Court · 1829
3Cited by1 opinion
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 2019