Commonwealth v. Whitman
Massachusetts Supreme Judicial Court
Complaint, on the St. of 1869, c. 344, § 1, to the First District Court of Eastern Worcester, averring, in the first count, that E. W. Whitman of Westboro, in the county of Worcester, on August 12, 1874, “at said Westboro, having the charge or custody of a certain animal, to wit, a cow, did then and there cruelly torture and mutilate said cow, by then and there beating, bruising, cutting and wounding said cow, and did then and there unnecessarily fail to provide proper food…
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Complaint, on the St. of 1869, c. 344, § 1, to the First District Court of Eastern Worcester, averring, in the first count, that E. W. Whitman of Westboro, in the county of Worcester, on August 12, 1874, “at said Westboro, having the charge or custody of a certain animal, to wit, a cow, did then and there cruelly torture and mutilate said cow, by then and there beating, bruising, cutting and wounding said cow, and did then and there unnecessarily fail to provide proper food and drink for said cow.” The second count averred that the said E. W. Whitman, on August 12, 1874, “at Westboro, in the…
1Opinion of the CourtColt, J.
The defendant was convicted upon the second and third counts in this complaint. Those counts sufficiently and properly allege the offence described in the first clause of the first section of the statute for the prevention of cruelty to animals. St. 1869. c. 344. The defendant is indeed described as having the charge or custody of the animal upon which the cruelty was inflicted, but under this clause of the statute this statement in the complaint is not material, nor is it by its form made essentially descriptive of the offence. The act of cruelty committed by any one, without regard to the…
2Cases cited1 opinion
- Commonwealth v. McClellanMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
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- Commonwealth v. EdmandsMassachusetts Supreme Judicial Court · 1895
- State v. HaskellSupreme Judicial Court of Maine · 1884