Commonwealth v. Porter

42 N.E. 97, 164 Mass. 576, 1895 Mass. LEXIS 296

Opinion

Holmes, J.

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.