Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Indictment charging that the defendant, on August 1, 1868, and on divers' other days and times between that day and May 1, 1869, at Easthampton, “ knowingly, wilfully, and without having any legal appointment or authority therefor, did keep and maintain a certain common nuisance, to wit, a tenement in said Easthampton, then and on said other days and times there used for the illegal keeping and illegal sale of intoxicating liquors.”
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Indictment charging that the defendant, on August 1, 1868, and on divers' other days and times between that day and May 1, 1869, at Easthampton, “ knowingly, wilfully, and without having any legal appointment or authority therefor, did keep and maintain a certain common nuisance, to wit, a tenement in said Easthampton, then and on said other days and times there used for the illegal keeping and illegal sale of intoxicating liquors.” In the superior court, before the jury were empanelled, the defendant moved to quash the indictment for the following reasons : “ because no offence was set out…
1Opinion of the CourtAmes, J.
Nearly all the objections relied upon by the defendant in his motion to quash the indictment, and in the exceptions taken at the trial, have been disposed of by repeated decisions of this court. Commonwealth v. Welsh, 1 Allen, 1. Common*147wealth v. Hill, 14 Gray, 24. Commonwealth v. Edds, Ib. 406. Commonwealth v. Wright, 12 Allen, 190. Commonwealth v. Howe, 13 Gray, 26. Commonwealth v. Dean, 14 Gray, 99. Commonwealth v. Shea, Ib. 386. It has recently been decided that the chapter of the General Statutes, under which this prosecution is brought, has not been repealed. Commonwealth v. Carpenter,…
2Cases cited1 opinion
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1868
3Cited by32 opinions
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- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
- Marmont v. StateIndiana Supreme Court · 1874
- Commonwealth v. PomphretMassachusetts Supreme Judicial Court · 1884
- People v. SouleMichigan Supreme Court · 1889
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