Commonwealth v. McClellan

The brevity of the indictment has raised a question as to its sufficiency. It alleges that the defendant, a+ the time and place named, “ did cruelly beat a certain horse, against the peace of the Commonwealth and contrary to the form of the statute,” &c. The statute referred to is § 41 of the Gen. Sts. c. 165. It provides that “ whoever cruelly beats or *35tortures any horse, ox or other animal, whether belonging to himself or another, shall be punished,” &c. It is suggested that the word “beat” does not of itself describe with sufficient certainty the alleged act, because it may refer to a race…