Commonwealth v. Cheney

1. The defendant was indicted for an assault with a dangerous weapon upon one Hayes. At the trial, it appeared that the defendant was a police officer, and one of the night-watch of Newburyport, and, at the time of the alleged assault, was on duty upon his beat. The defendant contended that the alleged offence grew out of an attempt made by him to arrest Hayes for the crime of drunkenness on Merrimack Street, a public street in Newburyport. The defendant requested the court to rule and instruct the jury, “ that, if the defendant had reasonable cause to believe that Hayes was drunk, it made no…