Commonwealth v. Purdy
Massachusetts Supreme Judicial Court
Complaint under the Pub. Sts. c. 101, §§ 6, 7, by Timothy Ide, dated June 20, 1887, to Nathan A. Cook, a trial justice for the county of Norfolk, alleging that the defendant, at Medway, from November 1, 1886, to June 12, 1887, “did keep a certain building, to wit, a certain dwelling-house, a saloon being kept therein, the same being a place of public resort, the* premises being kept by the said Henry T. Purdy for the illegal sale and illegal keeping of intoxicating liquors,…
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Complaint under the Pub. Sts. c. 101, §§ 6, 7, by Timothy Ide, dated June 20, 1887, to Nathan A. Cook, a trial justice for the county of Norfolk, alleging that the defendant, at Medway, from November 1, 1886, to June 12, 1887, “did keep a certain building, to wit, a certain dwelling-house, a saloon being kept therein, the same being a place of public resort, the* premises being kept by the said Henry T. Purdy for the illegal sale and illegal keeping of intoxicating liquors, and so the complainant saith that said Henry T. Purdy did then and there maintain a common nuisance.’-’ In the Superior…
1Opinion of the CourtHolmes, J.
This was a complaint under the Pub. Sts. c. 101, §§ 6, 7. The trial justice had final jurisdiction by the express words of the Pub. Sts. c. 155, § 53. The objections raised by the motion to quash are merely formal. No doubt the technically correct allegation would have been that the premises were used for the illegal sale, etc. of intoxicating liquors. Commonwealth v. Carolin, 2 Allen, 169. Commonwealth v. Welsh, 1 Allen, 1. But the allegation that they were “ kept ” for those purposes indicated the offence intended to be charged with suffir cient practical certainty to. secure the defendant…
2Cases cited1 opinion
- Commonwealth v. McNeffMassachusetts Supreme Judicial Court · 1888