Commonwealth v. Swain
Massachusetts Supreme Judicial Court
Complaint, to the Municipal Court of Boston, under St. 1885, c. 342, alleging that certain rooms in Boston were occupied by some person to the complainant unknown, with apparatus, books, and other devices, “for the purpose of registering bets and of buying and selling pools upon the result of trials and contests of skill, speed, and endurance of men, birds, beasts, and machines,” and that the defendant, on June 30, 1893, was “ present in said rooms, and then and there…
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Complaint, to the Municipal Court of Boston, under St. 1885, c. 342, alleging that certain rooms in Boston were occupied by some person to the complainant unknown, with apparatus, books, and other devices, “for the purpose of registering bets and of buying and selling pools upon the result of trials and contests of skill, speed, and endurance of men, birds, beasts, and machines,” and that the defendant, on June 30, 1893, was “ present in said rooms, and then and there engaged in the business and employment of registering bets and selling pools upon the result of certain trials and contests of…
1Opinion of the CourtHolmes, J.
The complaint follows the language of the statute, and sets forth an offence against the law. St. 1885, c. 342. Commonwealth v. Ferry, 146 Mass. 203. Commonwealth v. Clancy, 154 Mass. 128. In Commonwealth v. Sheedy, 159 Mass. 55, the offence alleged consisted of disposing of a single suit of clothes, and it was held necessary to identify the transaction by stating the name of the person to whom the suit was disposed of, if known. But when, as here, the offence consists in being present in a room and engaged in a certain business, it is not necessary to mention names. See further Commonwealth…
2Cases cited5 opinions
- Commonwealth v. WhitneyMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. FerryMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. ChiovaroMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. ClancyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. SheedyMassachusetts Supreme Judicial Court · 1893
3Cited by11 opinions
- People v. DevinnyNew York Court of Appeals · 1919
- Commonwealth v. BartlettMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1961
- Commonwealth v. CoughlinMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. DrohanMassachusetts Supreme Judicial Court · 1912
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