Commonwealth v. Porter
This text of 42 N.E. 97 (Commonwealth v. Porter) 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.
Opinion
The word “ cruelly,” in Pub. Sts. c. 207, § 53, exhausts the requirements of the statute, whatever they may be, with regard to the state of mind of the actor; (Commonwealth v. McClellan, 101 Mass. 34, 35 ; Commonwealth v. Lufkin, 7 Allen, 579;) and therefore an allegation that the defendant “did then and there cruelly drive ” the horse, following the statute, is sufficient without a further allegation that the defendant knew the horse to be unfit for labor at the time. See Commonwealth v. Barrett, 108 Mass. 302. Exceptions overruled.
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Cite This Page — Counsel Stack
42 N.E. 97, 164 Mass. 576, 1895 Mass. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-porter-mass-1895.