Commonwealth v. Hawkins
Massachusetts Supreme Judicial Court
Indictment, charging the defendant with an assault with a dangerous weapon, in Fall River, in and upon one Mary A. Powers.
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Indictment, charging the defendant with an assault with a dangerous weapon, in Fall River, in and upon one Mary A. Powers. At the trial in the Superior Court, before Bond, J., there was evidence tending to show that the defendant, having been annoyed on the night of July 21,1891, by different persons ringing his door-bell and insulting him when he came to the door, went out of the house into the street and fired a pistol, the. bullet from which struck one Mary A. Powers, who was standing at the corner of two streets about two hundred and sixteen feet distant; that it was quite dark at the…
1Opinion of the CourtKnowlton, J.
The only exception argued was to the instruction which the court gave, that the jury might consider, as a circumstance bearing on the question of the defendant’s conduct, the fact that the firing of the pistol was an unlawful act, done in violation of a city ordinance.
The principal question of fact submitted to the jury was whether the defendant discharged the revolver in a grossly negligent or wanton and reckless manner. The jury were instructed, in substance, that, if he did, he was criminally liable for the consequences of his act.
*553It is a general rule in criminal proceedings at common law…
2Cases cited9 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. StrattonMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. CampbellMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. ApplebyMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
- Lamb v. StateCourt of Special Appeals of Maryland · 1992
42 more not listed; retrieve them via the Exa API.