Legal Question in Criminal Law in Massachusetts

wording of an indictment

I am researching a murder that occurred in 1935. The grand jury's indictment states that the defendant, ''...is charged with assaulting and beating [victim's name] with intent to murder him and by such assault and beating, did kill and murder the said [victim's name].'' The grand jury knew that the defendant had killed his victim with three shots from a .38 caliber gun.1.Why is the charge ''assaulting and beating'', and not killing with a firearm? 2.Why does the indictment say, ''kill and murder''? Is that not redundant?

Thank you for your help.


Asked on 4/21/06, 11:18 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: wording of an indictment

Assault does not require a touching.

You can put someone in fear that you will do that person bodily harm. You are assaulting that person.

Beating requires a touching with your body or with a weapon. A bat, a pipe, a shod foot are all weapons. The hands of a professional boxer are considered weapons. The beating is a battery.

Hence, assault and battery. Originally two separate crimes. Now commonly treated as one.

You can kill someone accidentally.

Murder requires an intent to kill. It's no accident.

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Answered on 4/22/06, 12:20 am


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