Commonwealth v. Kane
Massachusetts Supreme Judicial Court
Complaint, under St. 1895, c. 194, for being present where implements for smoking opium were found. The complaint was as follows: “ To the Justices of the Municipal Court of the city of Boston, holden at said city of Boston for the transaction of criminal business within the county of Suffolk, Patrick Malley, of the city of Boston, in the county of Suffolk, police officer in behalf of the Commonwealth of Massachusetts, on oath complains that one Clarence H. Knowlton on the…
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Complaint, under St. 1895, c. 194, for being present where implements for smoking opium were found. The complaint was as follows: “ To the Justices of the Municipal Court of the city of Boston, holden at said city of Boston for the transaction of criminal business within the county of Suffolk, Patrick Malley, of the city of Boston, in the county of Suffolk, police officer in behalf of the Commonwealth of Massachusetts, on oath complains that one Clarence H. Knowlton on the twenty-sixth day of November in the year of our Lord one thousand eight hundred and ninety-seven on oath informed the…
1Opinion of the CourtLathrop, J.
The St. of 1895, c. 194, § 1, under which this complaint is brought, is generally similar in form to the St. of 1895, c. 419, which has twice been before the court. Commonwealth v. Smith, 166 Mass. 370. Commonwealth v. Yee Moy, 166 Mass. 376, n. As these cases were decided more than a year before the present complaint was brought, and as most of the questions raised were decided in those cases, we are surprised that they are again brought before us, although the two statutes apply to different statutory offences.
The complaint in the case before us follows for the most part the language of the…
2Cases cited4 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. BossidyMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. PurcellMassachusetts Supreme Judicial Court · 1891
- Inhabitants of Brookline v. HatchMassachusetts Supreme Judicial Court · 1897
3Cited by7 opinions
- Tenement House Department v. . McDevittNew York Court of Appeals · 1915
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- In Re MarleyCalifornia Supreme Court · 1946
- Commonwealth v. BuckleyMassachusetts Supreme Judicial Court · 1968
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1961
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