Commonwealth v. Moody
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, on the St. of 1885, c. 342, § 1, alleging that the defendant, on January 3, 1886, and on divers other days and times between that day and the day of making this complaint, July 3, 1886, at Boston, “did keep a certain room in the second story of the building numbered two hundred and twenty-one in Washington Street, in said Boston, and within said district, and did then and on said other days and times there occupy said…
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Complaint to the Municipal Court of the city of Boston, on the St. of 1885, c. 342, § 1, alleging that the defendant, on January 3, 1886, and on divers other days and times between that day and the day of making this complaint, July 3, 1886, at Boston, “did keep a certain room in the second story of the building numbered two hundred and twenty-one in Washington Street, in said Boston, and within said district, and did then and on said other days and times there occupy said room with apparatus, books, betting-tickets, and other devices, a further description of said apparatus, books,…
1Opinion of the CourtC. Allen, J.
The objection on the ground of duplicity cannot be supported.- The offence charged is not the registering of a bet, or the selling of a pool, although these are criminal acts ; but the keeping of a room for the purpose of doing those things. It makes no difference, in this respect, how many different unlawful or criminal purposes the room was kept for. The offence of keeping it for those various purposes is a single one, and may properly be charged in one count. Commonwealth v. Kimball, 7 Gray, 328, 330.
Judgment for the Commonwealth.
2Cited by8 opinions
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
- Commonwealth v. JenskyMassachusetts Supreme Judicial Court · 1945
- State v. ShawSupreme Court of Minnesota · 1888
- Commonwealth v. FerryMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1961
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