Commonwealth v. Connors
Massachusetts Supreme Judicial Court
The first case was an indictment found at the June session of the grand jury, 1873, under the Gen. Sts. c. 87, § 7, for keeping a common nuisance, to wit, a tenement for the illegal keeping and sale of intoxicating liquor, on July 1, 1872, and on divers other days between that day and May 1, 1873. At the trial in the Superior Court, before Dewey, J., after evidence had been introduced concerning the character of the defendant’s place on July 2, 1872, the presiding judge…
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The first case was an indictment found at the June session of the grand jury, 1873, under the Gen. Sts. c. 87, § 7, for keeping a common nuisance, to wit, a tenement for the illegal keeping and sale of intoxicating liquor, on July 1, 1872, and on divers other days between that day and May 1, 1873. At the trial in the Superior Court, before Dewey, J., after evidence had been introduced concerning the character of the defendant’s place on July 2, 1872, the presiding judge allowed evidence to be introduced, against the defendant’s objection, as to what was found at the defendant’s place on other…
1Opinion of the CourtEndicott, J.
In the first of these cases, evidence that the defendant kept a common nuisance on any day between July 2, 1872, and May 1, 1873, was competent, and the government was not'confined to July 2 in its proof. The conviction is a bar to any other indictment for the same offence between the days named. But it is not a bar to the indictment in the second case for keeping a common nuisance between May 1, and the time of finding the indictment in June following. Evidence that would have been competent on the one indictment would not have been competent on the other. Distinct offences are charged in…
2Cases cited1 opinion
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
3Cited by16 opinions
- In Re SnowSupreme Court of the United States · 1887
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1879
- State v. McAninchSupreme Court of Iowa · 1915
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