
    Commonwealth vs. William P. Bearse.
    <n mdietment on the Gen. Sts. c. 160, § 32, which avers that the defendant feloniously, wilfully and maliciously mingled a drachm of a deadly poison, called belladonna, with the food of a certain woman, with intent thereby feloniously, wilfully and of his malice aforethought to kill her, is sufficient, without further averring that he knew the belladonna to be a deadly poison, or did the act knowingly, or that the woman was about to eat the food, or that he intended her to eat it.
    Indictment on the Gen. Sts. c. 160, § 32, averring that the defendant at Malden on November 22, 1870, “ feloniously, wilfully and maliciously did mingle a large quantity, to wit, one drachm, of a certain deadly poison, called belladonna, with the food of one Elizabeth L. Bearse, with intent, then and there, thereby the said Elizabeth L. Bearse feloniously, wilfully and of his malice aforethought to kill,” against the peace of the Commonwealth and contrary to the form of the statute, &c.
    Before the jury were empanelled in the superior court, the defendant moved to quash the indictment on the grounds, 1. that “it is not alleged that the defendant knew that the belladonna he is charged with mingling with the food of Elizabeth L. Bearse was poison; ” and 2. that “ it is not alleged that the said Elizabeth L. Bearse was about to take, or that the defendant intended that she should take, the food in which the belladonna was mingled.” This motion was overruled by Scudder, J.; and the defendant was tried and found guilty, and alleged exceptions.
    
      C. A. King, for the defendant.
    The indictment should have alleged that the defendant knew the belladonna to be a deadly poison, or that the act charged as criminal was done knowingly. Commonwealth v. Boynton, 12 Cush. 499. Commonwealth v. Hersey, 2 Allen, 173, 181. Commonwealth v. Galavan, 9 Allen, 271. And it should have been alleged that the woman was about to eat the food with which the poison was mingled, or that he intended that she should eat it. Commonwealth v. Galavan, 9 Allen, 271.
    
      0. Allen, Attorney General, for the Commonwealth.
    
      
       it Whoever mingles any poison with food, drink or medicine, with intent to kill or injure another person, or wilfully poisons any spring, well or reservoir of water, with such intent, shall he punished by imprisonment in the stata prison for life, or any term of years."
    
   By the Coheit.

The indictment sufficiently sets forth an offence under the statute.

Exceptions overruled.  