Commonwealth v. Caldwell
Massachusetts Supreme Judicial Court
The defendant was indicted, under the statute of 1791, c. 58, $ 10, in the Circuit Court of Common Pleas, December term, 1815, for refusing to give answer to one Joseph Stone, a tithingman of Shrewsbury, on the 30th day of April, 1815, the same being Lord’s day.
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The defendant was indicted, under the statute of 1791, c. 58, $ 10, in the Circuit Court of Common Pleas, December term, 1815, for refusing to give answer to one Joseph Stone, a tithingman of Shrewsbury, on the 30th day of April, 1815, the same being Lord’s day. Being convicted on trial in the Common Pleas, he appealed to this Court; and at April term, 1816, retracting his former plea, he entered a nolo contendere, and then moved in arrest of judgment, stating the following causes:— 1. That it is nowhere alleged, in the indictment, that the said Joseph Stone had, at any time before the said…
1Opinion of the CourtParker, C. J.
By the statute of 1791, c. 58, tithingmen are authorized and required to examine such as they find travelling on the Lord’s day, and whom they have reason to suspect of travelling unnecessarily; and if such travellers refuse to give their names, or to answer such inquiries as are made touching the cause of their travelling, they are. subjected to a penalty.
* The defendant has been indicted and convicted for not answering such questions as were put to him by the tithingman who caused the prosecution; and a motion is now made to arrest the judgment, on account of the insufficiency of the…
2Cited by1 opinion
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