Commonwealth v. Heffron
Massachusetts Supreme Judicial Court
Indictment, on the Gen. Sts. c. 87, § 7, against a married woman, for keeping and maintaining at Northampton, between January 1 and May 1,1869, a common nuisance, to wit, a tenement in said Northampton, there used for the illegal keeping and illegal sale of intoxicating liquors.
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Indictment, on the Gen. Sts. c. 87, § 7, against a married woman, for keeping and maintaining at Northampton, between January 1 and May 1,1869, a common nuisance, to wit, a tenement in said Northampton, there used for the illegal keeping and illegal sale of intoxicating liquors. At the trial in the superior court, before Scudder, J., some of the witnesses called by the Commonwealth testified, on cross-examination, without objection, that the tenement in question was in Williamsburgh and not in Northampton. To rebut this evidence, the Commonwealth called Joel Hayden, who testified that he…
1Opinion of the Court
Gray, J..
1. An offence having no essential connection with the place in which it is committed, like a common assault or a simple larceny, though charged to have been committed in a particular town, may be proved to have been committed anywhere within the county. Commonwealth v. Tolliver, 8 Gray, 386. Commonwealth v. Lavery, 101 Mass. 207. But in an indictment for an offence in its nature local, as in the cases of larceny in a building, burglary, arson, desecrating and disfiguring a burying ground, striking in a church yard, or nuisance in a highway, the allegation of place is a necessary part…
2Cases cited6 opinions
- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Kenerson v. HenryMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. LaveryMassachusetts Supreme Judicial Court · 1869
- Putnam v. BondMassachusetts Supreme Judicial Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Sewall v. SewallMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. ParrottaMassachusetts Supreme Judicial Court · 1944
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Davis v. FieldSupreme Court of Vermont · 1884
- Bay State Wholesale Drug Co. v. WhitmanMassachusetts Supreme Judicial Court · 1932
22 more not listed; retrieve them via the Exa API.