Commonwealth v. Hall
Massachusetts Supreme Judicial Court
Thf defendants were indicted for that they, on the 18th of November, 1816, with force and arms, at Sutton, in the county of Worcester, “in and upon the public road and common highway there, unlawfully and injuriously did erect, build, and put up, a number of wooden sheds and buildings, one hundred feet in length and sixteen feet in breadth; and the same sheds and buildings, so as aforesaid erected, built, and put up, in the public road and common highway there, as aforesaid,…
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Thf defendants were indicted for that they, on the 18th of November, 1816, with force and arms, at Sutton, in the county of Worcester, “in and upon the public road and common highway there, unlawfully and injuriously did erect, build, and put up, a number of wooden sheds and buildings, one hundred feet in length and sixteen feet in breadth; and the same sheds and buildings, so as aforesaid erected, built, and put up, in the public road and common highway there, as aforesaid, they, the said Josiah, &c., from the said 18th of November to the day of the taking of this inquisition, have…
1Opinion of the CourtParker, C. J.
Several objections have been taken to the indictment in this case. First, it is said that the way in which the nuisance is averred to be erected is not described with sufficient particularity, it not being stated from or to what town in the county it led. But this objection cannot prevail. We think that, as the nuisance is averred to have been erected at Sutton, in the county of Worcester, and the highway is alleged to be there, the way is sufficiently described, (a)
Another objection was, that the length and breadth of the high way said to be obstructed are not averred. But this objection,…
2Cited by10 opinions
- Commonwealth v. StrangfordMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. TolmanMassachusetts Supreme Judicial Court · 1889
- State v. RhodesMissouri Court of Appeals · 1889
- State v. Southern Indiana Gas Co.Indiana Supreme Court · 1907
- Territory v. AshbyMontana Supreme Court · 1874
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