Commonwealth v. Newell
Massachusetts Supreme Judicial Court
The prisoners were indicted for feloniously and burglariously breaking and entering the dwelling-house of Edward Dixon, of Boston, in the night of the 17th of August last, with the intent unlawfully and feloniously to assault the said Dixon, and to cut off one of his ears, with an intention the said Dixon to maim and disfigure ; and after being so entered, for unlawfully and feloniously assaulting the said Dixon, and cutting off his right ear, with intention him to maim and…
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The prisoners were indicted for feloniously and burglariously breaking and entering the dwelling-house of Edward Dixon, of Boston, in the night of the 17th of August last, with the intent unlawfully and feloniously to assault the said Dixon, and to cut off one of his ears, with an intention the said Dixon to maim and disfigure ; and after being so entered, for unlawfully and feloniously assaulting the said Dixon, and cutting off his right ear, with intention him to maim and disfigure, with set purpose, and of their aforethought malice, against the peace and the form of the statutes in such…
1Opinion of the Court
The next day, the opinion of the Court was delivered by
Parsons, C. J.
The objection to the indictment is, that the facts therein found do not amount to felony. The breaking and entering of a dwelling-house in the night is not burglary, unless it be done with an intent to commit a felony. This position the attorney-general has not contested. The question for our decision then is, whether the cutting off the ear of Dixon, of set purpose and of malice aforethought, with the intention to maim and disfigure him, is by our laws a felony; for if it be not a felony, an intention to do it cannot be an…
Also in this document: Per curiam.
2Cited by17 opinions
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- Commonwealth v. GosselinMassachusetts Supreme Judicial Court · 1974
- State v. DesoSupreme Court of Vermont · 1938
- Commonwealth v. RobyMassachusetts Supreme Judicial Court · 1832
- Rookey v. StateSupreme Court of Connecticut · 1897
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