Commonwealth v. Moscatiello

The complaint in this case, so far as material, charged that the defendant at Pittsfield, on March 3, *2611926, “he being the person having under his control a certain vehicle to wit an automobile, did carry a revolver without permission so to do in violation of St. 1925, c. 284, § 10.” In the District Court no objection was made to the complaint. “No motion to quash was filed.” After conviction in the District Court the defendant appealed.

In the Superior Court the defendant moved to dismiss and quash the complaint, because, (1) No crime was alleged in the complaint; (2) “c. 284, § 10, St.…