Commonwealth v. Quinlan
Massachusetts Supreme Judicial Court
Complaint alleging that John Quinlan, of Rockland, on September 15, 1889, and on divers days and times between that day and January 20, 1890, unlawfully “did keep and maintain a certain nuisance, to wit, a tenement at said Rockland then and on said other days and times there, used for the illegal sale and illegal keeping for sale of intoxicating liquors.”
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Complaint alleging that John Quinlan, of Rockland, on September 15, 1889, and on divers days and times between that day and January 20, 1890, unlawfully “did keep and maintain a certain nuisance, to wit, a tenement at said Rockland then and on said other days and times there, used for the illegal sale and illegal keeping for sale of intoxicating liquors.” In the Superior Court, on appeal, before the jury were impanelled, the defendant moved to quash the complaint because: “ 1st. The same is insufficient, uncertain, and does not with accuracy set out any offence known to the law. 2d. Because…
1Opinion of the CourtLathrop, J.
The complaint in question, though not in a form to be commended, sufficiently sets forth an offence under the Pub. Sts. c. 101, §§ 6, 7.
In Commonwealth v. Hart, 10 Gray, 465, the indictment charged that the defendants “ did keep and maintain a certain common nuisance, to wit, a certain building, to wit, a house of ill fame,” and contained other allegations applicable to the building. It was contended by the defendants, that the *484words “ did keep and maintain a certain common nuisance ” were clearly insufficient, and that these words were not aided by the words under the videlicet. But the…
2Cases cited2 opinions
- Commonwealth v. HerseyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. LeeMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
- Reale v. Judges of the Superior CourtMassachusetts Supreme Judicial Court · 1928
- State v. TillmanNebraska Court of Appeals · 1993
- Inhabitants of Easthampton v. HillMassachusetts Supreme Judicial Court · 1894