Massachusetts Supreme Judicial Court, 1849

Commonwealth v. Lakeman

Commonwealth v. Lakeman
Massachusetts Supreme Judicial Court · Decided November 15, 1849
58 Mass. 597

Commonwealth v. Lakeman

Opinion of the Court

By the court.

The court are of opinion, that the direction to the jury was right, and that the defendant, as tenant in common of a barn floor, occupied by the complainant and himself, had no right to use force and violence, to prevent his co-tenant from entering the door, though it was for the declared purpose of removing the defendant’s wagon; and that such declared purpose afforded no justification for the assault.

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