Commonwealth v. Harris
Massachusetts Supreme Judicial Court
Complaint charging the defendant with being a disturber and breaker of the peace, and alleging that he did, on October 13, 1867, in Main Street in Woburn, “utter loud exclamations and outcries, and did then and there and thereby draw together a number of persons, to the great damage and common nuisance of all the citizens of the Commonwealth there inhabiting, being and residing.”
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Complaint charging the defendant with being a disturber and breaker of the peace, and alleging that he did, on October 13, 1867, in Main Street in Woburn, “utter loud exclamations and outcries, and did then and there and thereby draw together a number of persons, to the great damage and common nuisance of all the citizens of the Commonwealth there inhabiting, being and residing.” At the trial in the superior court, before Reed, J., there was evidence tending to show that the defendant got into an altercation with a constable on Main Street, and talked in a loud and angry tone to the…
1Opinion of the CourtChapman, C. J.
It was held in Commonwealth v. Smith, 6 Cush. 80, that it is necessary, in an indictment for a public nuisance by uttering loud cries and exclamations in a public street, to allege that it was to the great damage and common nuisance of all the citizens of the Commonwealth there inhabiting, being and residing. A similar allegation is found in the forms of indictments for causing noisome smells or letting off fireworks in a public street, or for keeping a gaming house or a disorderly house, and for other nuisances of a similar character. In England, such an allegation has been made unnecessary…
2Cited by9 opinions
- Commonwealth v. JarrettMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. OaksMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. LombardMassachusetts Supreme Judicial Court · 1947
- Commonwealth v. SweeneyMassachusetts Supreme Judicial Court · 1881
- Commonwealth v. NissenbaumMassachusetts Supreme Judicial Court · 1989
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