Commonwealth v. Carney
Massachusetts Supreme Judicial Court
Complaint, made on October 8, 1889, to the Police Court of Newton, alleging that the defendant, at Newton, on April 8, 1889, and on “ divers other days and times between said last mentioned day and the day of making this complaint,” unlawfully did keep and maintain a common nuisance, to wit, a tenement then and there used for the illegal sale and illegal keeping of intoxicating liquors.
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Complaint, made on October 8, 1889, to the Police Court of Newton, alleging that the defendant, at Newton, on April 8, 1889, and on “ divers other days and times between said last mentioned day and the day of making this complaint,” unlawfully did keep and maintain a common nuisance, to wit, a tenement then and there used for the illegal sale and illegal keeping of intoxicating liquors. The record of the police court, transmitted to the Superior Court on appeal, recited that “ at the Police Court of Newton in the district of Newton in the county of Middlesex,” with no further recital as to…
1Opinion of the CourtHolmes, J.
1. The provision in the act establishing the Police Court of Newton, that “ the court shall be held at the city hall in Newton, every day except ” etc., for criminal business, does not make the jurisdiction of the court dependent upon its being held at the city hall. St. 1876, c. 195, § 5. Section 1 of this statute incorporated the Gen. Sts. c. 116, regulating the jurisdiction and sessions of police courts; and now the Police Court of Newton is one of the courts expressly mentioned in the corresponding chapter (c. 154, § 1) of the Public Statutes. By the Pub. Sts. c. 154, § 23, each court “…
2Cases cited2 opinions
- Commonwealth v. MatthewsMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. HoganMassachusetts Supreme Judicial Court · 1873
3Cited by2 opinions
- Commonwealth v. PatalanoMassachusetts Supreme Judicial Court · 1925
- Commonwealth v. GouletMassachusetts Supreme Judicial Court · 1894