Commonwealth v. Magoon
Massachusetts Supreme Judicial Court
Complaint to .the Second District Court of Eastern Worcester, under Pub. Sts. c. 207, § 53, alleging that the defendant, on March 26,1898, “ at Boylston, in the County of Worcéster, did torture a certain animal, to wit, a horse, by then and there carrying it in and upon a vehicle in an unnecessarily cruel manner.” At the trial in the Superior Court, before Dewey, J., the jury returned a verdict of guilty; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtBarker, J.
The defendant, having bought a sick horse, carried it upon a wagon some eight or ten miles from the place where he had purchased the horse to his home. He concedes that there was evidence that in carrying the horse it was greatly and unnecessarily injured and wounded, and that from the evidence his intent to be cruel and his knowledge that he was cruel might both be inferred. On the other hand, there was evidence that the horse, although injured and sore when purchased, lay comfortably while being carried, was not injured or wounded by being carried, and gave no signs of suffering while being…
2Cases cited3 opinions
- Commonwealth v. GilbertMassachusetts Supreme Judicial Court · 1895
- W v. WMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1873
3Cited by8 opinions
- Commonwealth v. ZaleskyMassachusetts Appeals Court · 2009
- Commonwealth v. EricksonMassachusetts Appeals Court · 2009
- Commonwealth v. DalyMassachusetts Appeals Court · 2016
- Commonwealth v. LinharesMassachusetts Appeals Court · 2011
- Commonwealth v. SzewczykMassachusetts Appeals Court · 2016
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