Commonwealth v. Nickerson
Massachusetts Supreme Judicial Court
Indictment under Gen. Sts. c. 160, § 30. The 1st count charged that the defendants, three in number, on the 4th of August 1860, at Nahant, committed an assault and battery upon Charles A. T. Rice, and then and there without any lawful authority and without the consent and against the will of said Charles confined and imprisoned him for the space of two hours.
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Indictment under Gen. Sts. c. 160, § 30. The 1st count charged that the defendants, three in number, on the 4th of August 1860, at Nahant, committed an assault and battery upon Charles A. T. Rice, and then and there without any lawful authority and without the consent and against the will of said Charles confined and imprisoned him for the space of two hours. The 2d count charged the commission of the same acts, with intent and design to send the said Charles and cause him to be sent from and out of the limits of the Commonwealth, without his consent and against his will. The 3d count charged…
1Opinion of the CourtDewey, J.
The conviction of the defendants upon the first count of this indictment may be well sustained. The evidence shows an assault upon the person of C. A. T. Rice, and a restraint of his liberty. Every such restraint of the liberty of a *526person, if not justified by law, is in the eye of the law a false imprisonment, for which the party was liable to an indictment at common law. Com. Dig. Imprisonment, G. 3 Chit. Grim. Law, 835. The like offence is now made punishable by statute, under the provisions of Gen. Sts. c. 160, § 30.
The only question upon this count arises upon the ruling of the court…
2Cited by7 opinions
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- United States v. LattanzioDistrict Court, D. Massachusetts · 2017
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