Commonwealth v. Davis
Massachusetts Supreme Judicial Court
Indictment for keeping “ a certain common house of ill fame ” in Prescott, “resorted to for the purpose of prostitution and lewdness, against the peace and dignity of the Commonwealth, and contrary to the form of the statute in such case made and provided.” The defendant, after conviction in the court of common pleas in Hampshire, moved in arrest of judgment, because the indictment did not allege that said house of ill fame was a common nuisance.
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Indictment for keeping “ a certain common house of ill fame ” in Prescott, “resorted to for the purpose of prostitution and lewdness, against the peace and dignity of the Commonwealth, and contrary to the form of the statute in such case made and provided.” The defendant, after conviction in the court of common pleas in Hampshire, moved in arrest of judgment, because the indictment did not allege that said house of ill fame was a common nuisance. Briggs, J. overruled the motion, and the defendant alleged exceptions.
1Opinion of the CourtMetcalf, J.
The indictment, on which the defendant has been convicted by verdict, alleges an offence made punishable by the Rev. Sts. c. 130, § 8. And as we are of opinion that this section of that chapter is repealed by St. 1855, c. 405, which was enacted before the offence, with which the defendant is charged, is alleged to have been committed, no judgment can be rendered on the verdict. That section provided that every person, who should keep such a house as is described in this indictment, should be punished by imprisonment in the county jail, not more than two years, or by fine not exceeding three…
2Cases cited1 opinion
- Smith v. StateSupreme Court of Alabama · 1828
3Cited by1 opinion
- People v. MireMichigan Supreme Court · 1912