Commonwealth v. Jordan, 125 N.E.3d 800 (2019)

Citation: Commonwealth v. Jordan, 125 N.E.3d 800 (2019)
Parent Document: Commonwealth v. Jordan, 125 N.E.3d 800 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-05-15
Original Source: https://www.courtlistener.com/opinion/7179122/commonwealth-v-jordan/ ↗

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The defendant argues that we should construe the statute to apply only to serious blows or mistreatment. As discussed, this contention is not consistent with the plain language of the statute. Moreover, when the Legislature has intended to classify conduct or injury as "serious," it has done so. See, e.g., G. L. c. 265, § 13A (b ) (i) (setting forth enhanced penalty for commission of assault and battery causing "serious bodily injury"). We decline to read words or meaning into the statute in this fashion. See Sterilite Corp. v. Continental Casualty Co., 397 Mass. 837, 839 (1986) (plain and ordinary meaning of statutory language is conclusive as to legislative intent in absence of contrary evidence such as statute's history and purpose). In any event, even accepting the defendant's proffered interpretation of the statute, the evidence here viewed in the light most favorable to the Commonwealth would satisfy a specific requirement that the strike or mistreatment be serious.

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