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This section contains the nature of the case and procedural background.

P was indicted on three counts: the first charged an atrocious assault and battery by her on Margaret P. Maguire, threatening to take the life of Margaret P. Maguire on the same date, and for being a common scold. The trial Court severed the third count on its own motion (sua sponte) and requested memoranda and the benefit of oral argument from counsel. D was found not guilty of the first two counts.

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