Commonwealth v. Beaulieu
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the Third District Court of the County of Bristol on March 30, 1912, charging that the defendant on three different occasions “did ... do certain work in plumbing which was subject to inspection, . . . [he] . . . not being then and there registered or licensed as a journeyman plumber in accordance with the provisions of” St. 1909, c. 536. On appeal to the Superior Court, the case was tried before Fox, J. The defendant moved to quash the…
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Complaint, received and sworn to in the Third District Court of the County of Bristol on March 30, 1912, charging that the defendant on three different occasions “did ... do certain work in plumbing which was subject to inspection, . . . [he] . . . not being then and there registered or licensed as a journeyman plumber in accordance with the provisions of” St. 1909, c. 536. On appeal to the Superior Court, the case was tried before Fox, J. The defendant moved to quash the complaint “for the reason that no offense or offenses known in law are therein charged.” The motion was overruled; and the…
1Opinion of the Court
Hammond J.
The motion to quash was rightly overruled. The general rule is that when the statute sets forth with precision and certainty all the elements necessary to constitute the offense intended to be punished, an indictment or complaint which uses the words of the statute is sufficient. Commonwealth v. Barrett, *141108 Mass. 302, and cases cited. The rule is applicable to this complaint.
At the trial the evidence tended to show that the defendant, not being registered or licensed thereto as required by statute, did plumbing work which was subject to inspection. The presiding judge charged…
2Cases cited13 opinions
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
- Commonwealth v. StraussMassachusetts Supreme Judicial Court · 1906
- State ex rel. Winkler v. BenzenbergWisconsin Supreme Court · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
- McMurdo v. GetterMassachusetts Supreme Judicial Court · 1937
- Lawrence v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 1921
- Slome v. Chief of Police of FitchburgMassachusetts Supreme Judicial Court · 1939
- Commonwealth v. LibbeyMassachusetts Supreme Judicial Court · 1914
15 more not listed; retrieve them via the Exa API.