Commonwealth v. Smith
Massachusetts Supreme Judicial Court
The defendants were tried before Mellen, J., in the court ot common pleas, and convicted, on a complaint originally made to a justice of the peace, in which it was alleged, that the defendants, on the 17th of April, 1850, at Grafton, “ with force and arms, were disturbers and breakers of the peace, and then and there contriving and intending to disturb the peace of said commonwealth, did, in one of the public streets and other public places of said town, utter loud…
Read the full summary
The defendants were tried before Mellen, J., in the court ot common pleas, and convicted, on a complaint originally made to a justice of the peace, in which it was alleged, that the defendants, on the 17th of April, 1850, at Grafton, “ with force and arms, were disturbers and breakers of the peace, and then and there contriving and intending to disturb the peace of said commonwealth, did, in one of the public streets and other public places of said town, utter loud exclamations and out-tries, and other loud noises, and did then and thereby draw together a number of persons, to the great…
1Opinion of the CourtDewey, J.
The judgment in this case must be arrested. No offence is technically charged in this complaint. The “ disturbance of divers citizens ” by noises in the public streets is not a proper setting out of the offence here intended to be charged. If the acts done by the parties constitute any criminal offence, it is that of a nuisance. As such it ought to have been alleged, that the noises made by the defendants were to the great damage and common nuisance of all the citizens of the commonwealth, there inhabiting, being, and residing, &c
Judgment an ested.
2Cited by10 opinions
- Barry v. General Mortgage & Loan Corp.Massachusetts Supreme Judicial Court · 1926
- Hanson v. HerrickMassachusetts Supreme Judicial Court · 1868
- Bicknell v. CleverlyMassachusetts Supreme Judicial Court · 1878
- Wilson v. CrookerMassachusetts Supreme Judicial Court · 1888
- Robinson v. SpragueMassachusetts Supreme Judicial Court · 1878
5 more not listed; retrieve them via the Exa API.