Legal Opinion

Commonwealth v. Slavski

Massachusetts Supreme Judicial Court

Decided May 27, 1923PublishedCited by 165 opinions

Two complaints, received and sworn to in the First District Court of Northern Middlesex, respectively on October 5 and October 18,1922, the defendant being charged in the first complaint with keeping and maintaining at Ayer during the three months preceding October 5, 1922, a certain tenement “ by him used for the illegal sale and illegal keeping for sale of intoxicating liquor, to the common nuisance of . all the people,” and in the second complaint with exposing and…

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Two complaints, received and sworn to in the First District Court of Northern Middlesex, respectively on October 5 and October 18,1922, the defendant being charged in the first complaint with keeping and maintaining at Ayer during the three months preceding October 5, 1922, a certain tenement “ by him used for the illegal sale and illegal keeping for sale of intoxicating liquor, to the common nuisance of . all the people,” and in the second complaint with exposing and keeping intoxicating liquor for sale at Ayer on October 11, 1922. On appeal to the Superior Court, the cases were called for…

1Opinion of the CourtRugg, C.J.

These are two criminal complaints, one charging the defendant with keeping and maintaining a tenement used as a liquor nuisance at Ayer in our county of Middlesex during the period of three months before October 5, 1922, and the other charging him with keeping intoxicating liquor for sale contrary to law at said Ayer on October 11, 1922.

1. There was no error in requiring the defendant to go to trial on both complaints at the same time. As long ago as 1842 it was said by Chief Justice Shaw to be a common practice to include in one indictment several distinct substantive offences of the same…

2Cases cited67 opinions

  1. Mattox v. United StatesSupreme Court of the United States · 1895
  2. Kirby v. United StatesSupreme Court of the United States · 1899
  3. Dowdell v. United StatesSupreme Court of the United States · 1911
  4. Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  5. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922

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3Cited by165 opinions

  1. Snyder v. MassachusettsSupreme Court of the United States · 1934
  2. Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
  3. Commonwealth v. FancyMassachusetts Supreme Judicial Court · 1965
  4. Commonwealth v. DurlingMassachusetts Supreme Judicial Court · 1990
  5. Ernest Kay v. United StatesCourt of Appeals for the Fourth Circuit · 1958

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