Commonwealth v. Oaks
Massachusetts Supreme Judicial Court
Complaint to a trial justice alleging that the defendant on June 10, 1873, at Brookfield, “ was a disturber and breaker of the peace, and then and there contriving and intending to disturb the peace of said Commonwealth, did, in and near to one of the public streets of said town, utter loud exclamations and outcries, and did then and thereby draw together a number of persons, to the great disturbance, damage and common nuisance of all the citizens of said Commonwealth, then…
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Complaint to a trial justice alleging that the defendant on June 10, 1873, at Brookfield, “ was a disturber and breaker of the peace, and then and there contriving and intending to disturb the peace of said Commonwealth, did, in and near to one of the public streets of said town, utter loud exclamations and outcries, and did then and thereby draw together a number of persons, to the great disturbance, damage and common nuisance of all the citizens of said Commonwealth, then and there inhabiting, being and residing.” The defendant was found guilty and appealed to the Superior Court. At the…
1Opinion of the CourtColt, J.
The whole of the instructions given to the jury are not reported. We are- to presume that a correct definition of the offence charged was given. An indictment for a public nuisance by uttering loud cries and exclamations in a public street must allege that it was to the great damage and common nuisance of all the citizens of the Commonwealth there being. This is the technical description, but the proof need not be as broad as the allegation. It is sufficient- if the acts proved are of such a nature as tend to annoy all good citizens, and do in fact annoy any one present and not favoring them.…
2Cases cited1 opinion
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1869
3Cited by16 opinions
- Commonwealth v. OrlandoMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- Commonwealth v. JarrettMassachusetts Supreme Judicial Court · 1971
- People v. RubenfeldNew York Court of Appeals · 1930
- Town of Davis v. DavisWest Virginia Supreme Court · 1895
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