92 Mass. 398 | Mass. | 1865
The question of the legal competency of the defendant to commit the offence charged in the indictment was distinctly raised in the present case by the fact proved at the trial, that she was under twelve years of age. The rule of the common law is perfectly well settled, that a child between the ages of seven and fourteen is not presumed to be doll capaz, and the question whether, in committing an offence, such child in fact acted with intelligence and capacity, and an understanding of the unlawful character of the act charged, is to be determined by the jury upon the evidence, and in view of all the circumstances attending the alleged criminal transaction. 1 Hale P. C. 22-27. 1 Archb. Crim. Pr. 10. 1 Russ. on Crimes, (7th Amer. ed.) 4. Rex v. Owen, 4 C. & P. 236. This rule is uniformly applied in cases where children under fourteen and above seven years of age are charged with murder or other felonies. A fortiori, it is applicable where they are accused of lesser offences, or with the commission of acts coming within the class of mala prohibita. These do not so violently shock the natural moral sense or instinct of children, and would not be so readily recognized and understood by them to be wrong, or a violation pf duty, as the higher crimes of murder, arson, larceny, and the like.
Although the attention of the judge at the trial was drawn to the fact that the defendant was of tender years, so that no presumption of legal capacity to commit crime existed, he wholly omitted to give any instructions from which the jury could be
Exceptions sustained
At the same term, a like decision was made in the case of Commonwealth vs. John Mead, who was a son of Eliza Mead, and under fourteen years of age, md who made sales of intoxicating liquors under circumstances similar to those mentioned in the above case, and who was found guilty of being a common seller under similar instructions to the jury.