Legal Opinion

Commonwealth v. Packard

Massachusetts Supreme Judicial Court

Decided February 24, 1904PublishedCited by 16 opinions

Indictment, found on February 10, 1902, for maintaining a nuisance at common law. The indictment was as follows: “The Jurors for the Commonwealth of Massachusetts on their Oath present, that Gran-ville L. Packard of Brockton in the County of Plymouth, on the first day of October, in the year of our Lord one thousand nine hundred and one, and on divers other days between said first day of October and the date of the finding of this indictment, at Brockton, in the.County of…

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Indictment, found on February 10, 1902, for maintaining a nuisance at common law. The indictment was as follows: “The Jurors for the Commonwealth of Massachusetts on their Oath present, that Gran-ville L. Packard of Brockton in the County of Plymouth, on the first day of October, in the year of our Lord one thousand nine hundred and one, and on divers other days between said first day of October and the date of the finding of this indictment, at Brockton, in the.County of Plymouth, near dwelling houses occupied by divers citizens of the said Commonwealth, and also near divers public highways…

1Opinion of the CourtBraley, J.

A motion to quash the indictment was denied, and after a verdict of guilty, the defendant brings his case to this court on exceptions to the order overruling his motion ; to the refusal to admit the license in evidence offered by him at the trial, and to give certain rulings requested; and to the instructions under which the case was submitted to the jury.

These questions, so far as they become material to our decision, may be considered in their order.

The motion to quash was rightly overruled, as the offence is described and pleaded with technical precision, and the indictment was sufficient…

2Cases cited15 opinions

  1. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  2. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  3. Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
  4. Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
  5. Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892

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3Cited by16 opinions

  1. Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
  2. Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
  3. Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
  4. Strachan v. Beacon Oil Co.Massachusetts Supreme Judicial Court · 1925
  5. Marshall v. HolbrookMassachusetts Supreme Judicial Court · 1931

11 more not listed; retrieve them via the Exa API.

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