Legal Opinion

Commonwealth v. Costello

Massachusetts Supreme Judicial Court

Decided September 16, 1875PublishedCited by 1 opinion

Complaint to the District Court of Central Berkshire, under the Gen. Sts. c. 87, § 6, alleging that the defendant at Hinsdale, “ on the first day of May, in the year of our Lord one thousand eight hundred and seventy-five, with force and arms, at Hinsdale aforesaid, in the county aforesaid, and on divers other days and times between that day and the twenty-first day of June, in the year of our Lord one thousand eight hundred and seventy-five, knowingly, willingly and…

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Complaint to the District Court of Central Berkshire, under the Gen. Sts. c. 87, § 6, alleging that the defendant at Hinsdale, “ on the first day of May, in the year of our Lord one thousand eight hundred and seventy-five, with force and arms, at Hinsdale aforesaid, in the county aforesaid, and on divers other days and times between that day and the twenty-first day of June, in the year of our Lord one thousand eight hundred and seventy-five, knowingly, willingly and unlawfully did keep and maintain a certain common nuisance, to wit: a tenement in said Hinsdale, there situate, then and on…

1Opinion of the CourtGray, C. J.

The St. of 1875, c. 99, regulating the sale of intoxicating liquors, and repealing the previous statutes upon the same subject, did not repeal the nuisance act, Gen. Sts. c. 87, §§ 6, 7, on which this complaint is founded. Commonwealth v. Carpenter, 100 Mass. 204. The complaint describes the offence in the words of that act, and is sufficient. Commonwealth v. Kelly, 12 Gray, 175. Commonwealth v. Bennett, 108 Mass. 27.

Exceptions overruled.

2Cases cited2 opinions

  1. Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
  2. Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1868

3Cited by1 opinion

  1. Commonwealth v. FredericksMassachusetts Supreme Judicial Court · 1875

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