Commonwealth v. Ford

Decided November 15, 1855

Massachusetts Supreme Judicial Court · decided 1855-11-15

<p>An indictment, which avers that the defendant “ in and upon the body of J. S., deceased, in the peace of the Commonwealth then and there being, did make an assault, and him the said J. S. did strike divers grievous and dangerous blows upon the head of him the said J. S., whereby the said J. S. was cruelly and dangerously beaten and wounded and his life greatly endangered,” sufficiently shows that the assault was upon a living person.</p> <p>While a teamster was standing by his wagon with a heavy whip in his hand, another person took hold of his horse and turned the horse’s head, and, being told by the teamster to let go, did so, and struck the horse on the head with his hand, causing the horse to step back three or four feet, but not otherwise doing any damage. Held, that these facts did not show a sufficient provocation to justify the teamster in severely beating the other and knocking him down with the butt of his whip.</p>

Decided 1855-11-15

Metcalf, J.

¶1It is impossible to read the whole of this indictment without understanding that it charges an assault and battery upon the living body of Pappoon. It alleges that he was dangerously wounded, and that his life was thereby endangered. The word “ deceased,” which is applied to him, must therefore mean that he was dead when the indictment was found. The manifest charge against the defendant is, that on the 25th of August 1854, he committed a battery upon the body of Richard Pappoon, who has since deceased.

¶2The evidence which was given of the provocation received by *478the defendant did not show a justification of the battery which the jury found that he inflicted. The instructions to the jury on this point were right and sufficient. There does not appear to have been any conflicting testimony; and the jury had only to decide whether the testimony was entitled to their belief.

¶3 Exceptions overruled.