Legal Opinion

Commonwealth v. Sheehan

Massachusetts Supreme Judicial Court

Decided January 31, 1887PublishedCited by 3 opinions

Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement in Natick used for the illegal sale and illegal keeping of intoxicating liquors, “ on the first day of August, in the year of our Lord eighteen hundred and eighty-six, and on divers other days and times between that day and the third day of September, and on said third day of September,” 1886. ■ In the Superior Court, on appeal, before the jury were empanelled, the defendant renewed a motion…

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Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement in Natick used for the illegal sale and illegal keeping of intoxicating liquors, “ on the first day of August, in the year of our Lord eighteen hundred and eighty-six, and on divers other days and times between that day and the third day of September, and on said third day of September,” 1886. ■ In the Superior Court, on appeal, before the jury were empanelled, the defendant renewed a motion to quash, made in the court below, on the ground that “ the time of the offence charged in the complaint is uncertain…

1Opinion of the Court

By the Count.

The allegation that the defendant kept and maintained a common nuisance “ on the first day of August, in the year of our Lord eighteen hundred and eighty-six, and on divers other days and times between that day and the third day of September,” charges an offence committed during the single period commencing on said first day of August and ending on said third day of September and including both of said days. Commonwealth v. Dunn, 111 Mass. 426.

The words following, “ and on said third day of September,” add nothing to the previous charge, and are unnecessary, but they do not…

2Cases cited1 opinion

  1. Commonwealth v. DunnMassachusetts Supreme Judicial Court · 1873

3Cited by3 opinions

  1. State v. BrownNorth Dakota Supreme Court · 1905
  2. People ex rel. Ireland v. WoodsAppellate Division of the Supreme Court of the State of New York · 1917
  3. Commonwealth v. ManningMassachusetts Supreme Judicial Court · 1895

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