Massachusetts Supreme Judicial Court, 1853

Commonwealth v. Ordway

Massachusetts Supreme Judicial Court · Decided October 15, 1853

66 Mass. 270

Cases that cite this one

3 later published cases cite this decision.

Commonwealth v. Greene (Pa. Super. Ct. 2011)
Brown v. Genakos (District Court, D. Massachusetts 1975)
Shaw Glass Co. v. Karafotias (Mass. Dist. Ct., App. Div. 1957)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 *271conviction 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.

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.