Commonwealth v. Flannigan

Decided September 29, 1884

Massachusetts Supreme Judicial Court · decided 1884-09-29

Complaint to the Police Court of Holyoke, alleging that the defendant, on September 16,1883, at Holyoke, “ did cruelly overdrive a certain horse, against the peace of said Commonwealth, and contrary to the form of the statute in such case made and provided.” In the Superior Court, before the jury were empanelled, the defendant filed a motion to dismiss the complaint, for the following reasons: “ 1. Because said complaint charges no crime or offence. 2.

Decided 1884-09-29

By the Count.

¶1The complaint in this case is a sufficient complaint for overdriving a horse, under the Pub. Sts. c. 207, § 52.* The unnecessary use of the word “ cruelly ” is not material. It does not change the essential description of the offence charged, and is at most a formal defect, which could not be availed of for the first time in the Superior Court on appeal. Pub. Sts. c. 214, § 25. Exceptions overruled.

¶2Section 52 provides that “whoever overdrives .... an animal” shall be punished, &c. Section 53 provides that “ every owner, possessor, or person having the charge or custody of an animal, who cruelly drives or works it when unfit for labor,” shall be punished, &c.