Commonwealth v. Edmands

Massachusetts Supreme Judicial Court

Commonwealth v. Edmands

39 N.E. 183, 162 Mass. 517, 1895 Mass. LEXIS 318

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 1, 1895

StatusPublished

Cited by1 cases

This text of 39 N.E. 183 (Commonwealth v. Edmands) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Edmands, 39 N.E. 183, 162 Mass. 517, 1895 Mass. LEXIS 318 (Mass. 1895).

Pincite

Opinion

Knowlton, J.

The complaint, after the formal parts and a statement of a period of time, alleges that the defendant “ was the person having the charge and custody of a certain animal, to wit, a horse, and it was then and during the whole time aforesaid the duty of the said Rodney Edmands to provide the said horse with proper shelter and- protection from the weather; and that the said Rodney Edmands did then and during the whole time aforesaid there unnecessarily and cruelly fail to provide the said horse with proper shelter and protection from the weather,” etc. The only "exception is to the order overruling the motion to quash this count of the complaint.

1. The defendant is charged with an offence under the last part of the Pub. Sts. c. 207, § 52, and the offence is clearly and sufficiently described in the language of the statute. Commonwealth v. McClellan, 101 Mass. 34. Commonwealth v. Curry, 150 Mass. 509.

2. The insertion of the words “ and cruelly ” added an immaterial allegation which is not a part of the description of anything necessary to be mentioned in the complaint. This allegation need not be proved, and does not affect the validity of the [518]*518complaint, but may be rejected as surplusage. Commonwealth v. Whitman, 118 Mass. 458. Exceptions overruled.

E. A. Upton, for the defendant. 6r. A. Sanderson, Assistant District Attorney, for the Commonwealth.

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Knowlton, J.

The complaint, after the formal parts and a statement of a period of time, alleges that the defendant “ was the person having the charge and custody of a certain animal, to wit, a horse, and it was then and during the whole time aforesaid the duty of the said Rodney Edmands to provide the said horse with proper shelter and- protection from the weather; and that the said Rodney Edmands did then and during the whole time aforesaid there unnecessarily and cruelly fail to provide the said horse with proper shelter and protection from the weather,” etc. The only "exception is to the order overruling the motion to quash this count of the complaint.

1. The defendant is charged with an offence under the last part of the Pub. Sts. c. 207, § 52, and the offence is clearly and sufficiently described in the language of the statute. Commonwealth v. McClellan, 101 Mass. 34. Commonwealth v. Curry, 150 Mass. 509.

2. The insertion of the words “ and cruelly ” added an immaterial allegation which is not a part of the description of anything necessary to be mentioned in the complaint. This allegation need not be proved, and does not affect the validity of the [518]*518complaint, but may be rejected as surplusage. Commonwealth v. Whitman, 118 Mass. 458. Exceptions overruled.

E. A. Upton, for the defendant. 6r. A. Sanderson, Assistant District Attorney, for the Commonwealth.

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Bluebook (online)

39 N.E. 183, 162 Mass. 517, 1895 Mass. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-edmands-mass-1895.

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