Commonwealth v. Sanborn

Decided January 15, 1860

Massachusetts Supreme Judicial Court · decided 1860-01-15

Indictment on Rev. Sts. c. 125, § 16, averring that the defendant, on the 28th of May, 1859, with force and arms, at New Bedford, “ not being then and there armed with a dangerous weapon, in and upon one Rodman S. Sherman feloniously, and with force and violence, an assault did make, with the intent the moneys, goods and chattels of the said Rodman S. Sherman, from the person and against the will of the said Rodman S. Sherman, then and there feloniously and by force and…

Decided 1860-01-15

Dewey, J.

¶1The only point raised at the argument and now relied upon in support of the motion to arrest the judgment is the omission to allege in the indictment that the defendant was, by force of the acts alleged to have been done by him, “ deemed a felonious assaulter.” This, it is insisted, was necessary to constitute a proper charge of the offence made punishable by Rev. Sts. c. 125, § 16. In this position the court do not concur. This indictment alleges all the facts necessary to constitute the offence made the subject of punishment by § 16. This is all that was necessary. Commonwealth v. Reynolds, ante, 87.

¶2 *394This case differs from those of indictments for murder and other like offences, made punishable solely under a description if the offence by its technical term. Exceptions overruled.