Commonwealth v. Creed

Decided March 15, 1857

Massachusetts Supreme Judicial Court · decided 1857-03-15

Indictment on the Rev. Sts. c. 125, § 14. The indictment averred that the defendant on the 5th of July 1856 at Boston, “ the said Patrick then and there being armed with a dangerous weapon, to wit, a gun, then and there loaded with powder and leaden shot, and then and there capped, in and upon one Charles Quinn an assault did make, with the felonious intent the said Quinn with said gun to kill and murder, by then and there feloniously, wilfully, and of the malice…

Cited by 1 later decisions — most recently April 1911

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-03-15

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Dewey, J.

¶1The evidence of an assault committed in Chelsea in the county of Suffolk was properly admitted, and is not open to the objection of a variance from the indictment. Commonwealth v. Tolliver, ante, 386.

¶2The indictment properly charges the manner in which the assault took place, and that, being armed with a dangerous weapon, the defendant committed an assault with intent to kill and murder. The exception to the ruling of the court, and also the motion of the defendant in arrest of judgment, are

¶3Overruled.

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