Commonwealth v. Coleman
Massachusetts Supreme Judicial Court
Two COMPLAINTS, received and sworn to in the District Court of Franklin on December 4,1902, under R. L. c. 214, § 8, each alleging that the defendant on November 26, 1902, “at North-field in the county of Franklin in a building occupied by him and under his control, to wit, the hotel building known as the Loveland House, knowingly did suffer a certain turkey to be raffled for and to be won by throwing dice.”
Read the full summary
Two COMPLAINTS, received and sworn to in the District Court of Franklin on December 4,1902, under R. L. c. 214, § 8, each alleging that the defendant on November 26, 1902, “at North-field in the county of Franklin in a building occupied by him and under his control, to wit, the hotel building known as the Loveland House, knowingly did suffer a certain turkey to be raffled for and to be won by throwing dice.” On appeal to the Superior Court the defendants were tried before Fessenden, J. The jury in each case found the defendant guilty, and the defendants alleged exceptions, raising the…
1Opinion of the CourtKnowlton, C. J.
The questions of law raised by the bills of exceptions in these two cases, are the same in each, and our discussion in the first case will be equally applicable to the second also.
The defendant assigned three grounds for his motion to quash, first, because. two separate and distinct offences are set forth in the same complaint; second, because there is no sufficient allegation of the place where the defendant is alleged to have suffered the turkey to be won by throwing dice; third, because there is no allegation as to the person who, by the sufferance of the defendant, won the turkey, nor any…
2Cases cited11 opinions
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. RobertsonMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. CodyMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. DillMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
- Commonwealth v. SnellMassachusetts Supreme Judicial Court · 1905
- People v. DevinnyNew York Court of Appeals · 1919
- People v. . DevinnyNew York Court of Appeals · 1919
- Commonwealth v. JoeMassachusetts Supreme Judicial Court · 1907
2 more not listed; retrieve them via the Exa API.