Commonwealth v. Jacobs
Massachusetts Supreme Judicial Court
Indictment in two counts, the first alleging that the defendant at Worcester, from May 2, 1890, to August 11, 1890, “did assist in keeping and maintaining a certain tenement and place there situate then and at the times aforesaid, and there used by the Warren Club for the purpose of illegal selling, distributing, and dispensing of intoxicating liquors, said tenement and place so used as aforesaid being then and at the times aforesaid and there a common nuisance”; the second…
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Indictment in two counts, the first alleging that the defendant at Worcester, from May 2, 1890, to August 11, 1890, “did assist in keeping and maintaining a certain tenement and place there situate then and at the times aforesaid, and there used by the Warren Club for the purpose of illegal selling, distributing, and dispensing of intoxicating liquors, said tenement and place so used as aforesaid being then and at the times aforesaid and there a common nuisance”; the second alleging that the defendant at the same time and place “did keep and maintain a certain common nuisance, to wit, a…
1Opinion of the CourtKnowlton, J.
In this Commonwealth several different substantive offences may be included in different counts of the same indictment, when they are of the same general nature, and when the mode of trial and the nature of the punishment are the same. Carlton v. Commonwealth, 5 Met. 532. Commonwealth v. O' Connell, 12 Allen, 451. Commonwealth v. Brown, 121 Mass. 69. Commonwealth v. Adams, 127 Mass. 15. The two offences charged in this indictment are of a similar character, and punishable in the same way, and they fall within this rule.
It is equally well settled that the same offence may be alleged in…
2Cases cited7 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1879
- Pettes v. CommonwealthMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. CainMassachusetts Supreme Judicial Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Putnam v. United StatesSupreme Court of the United States · 1896
- Commonwealth v. LeachMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1961
- Blair v. StateNebraska Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.