Commonwealth v. O'Brien
Massachusetts Supreme Judicial Court
Indictment, in Middlesex, with a single count, alleging that the defendants on October 2, 1870, at Lexington, “in and upon Alonzo L. Tuttle and Luke Tuttle did make an assault, and the said Alonzo L. and Luke did then and there beat, bruise, wound and ill treat, and other wrongs to the said Alonzo L. and Luke then and there did, against the peace,” &c.
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Indictment, in Middlesex, with a single count, alleging that the defendants on October 2, 1870, at Lexington, “in and upon Alonzo L. Tuttle and Luke Tuttle did make an assault, and the said Alonzo L. and Luke did then and there beat, bruise, wound and ill treat, and other wrongs to the said Alonzo L. and Luke then and there did, against the peace,” &c. At the trial in the superior court, before Scudder, J., there was evidence tending to show that only one of the Tuttles was assaulted ; and the defendants prayed for a ruling that if the assault was on one only of the Tuttles the jury must…
1Opinion of the CourtGray, J.
It is now well settled, though it was once held otherwise, that a man who assaults two persons at the same time may be charged in a single count with the assault upon both as one breach of the peace. Rex v. Benfield, 2 Burr. 980, 983, 984. Anon. Lofft, 271. Regina v. Giddins, Car. & M. 634. Commonwealth v. McLaughlin, 12 Cush. 615.
The indictment therefore duly charging an assault upon Alonzo and upon Luke, a conviction thereon is supported by proof of an assault upon either, within the elementary and universal principle of criminal law, that it is enough to prove so much of the indictment as…
2Cases cited1 opinion
- Jennings v. CommonwealthMassachusetts Supreme Judicial Court · 1870
3Cited by11 opinions
- Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. McKnightMassachusetts Supreme Judicial Court · 1933
- Hughes v. StateIndiana Supreme Court · 1937
- Scott v. StateCourt of Criminal Appeals of Texas · 1904
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