Commonwealth v. Ordway

66 Mass. 270

• Court: Massachusetts Supreme Judicial Court
• Decided: October 15, 1853
• Status: Published

Opinion

By the Court.¹

The opinion of the court is, that the evidence does not bring the case within the Rev. Sts. c. 125, § 16; there being no intentional touching of the person amounting to an assault.

But a question arises, what judgment shall be rendered in a case thus brought up by a report of the judge pursuant to Rev. Sts. c. 138, § 12. Being of opinion that no verdict of conviction upon this indictment ought to be rendered upon the facts reported, the court are of opinion that by Rev. Sts. c. 138, § 14, the proper judgment is, and they do, therefore, order, that all further proceedings upon this verdict be stayed, and that the defendants be discharged and go without day.

1 This, and the following cases for this county, were decided at the October term, 1852, at which the Chief Justice, and Justices Metcalf, Bigelow, and Cushing, were present.