Legal Opinion

Commonwealth v. Baker

Massachusetts Supreme Judicial Court

Decided January 6, 1892PublishedCited by 9 opinions

Complaint to the “ Municipal Court of the city of Boston, holden at said Boston for the transaction of criminal business within the county of Suffolk,” charging that the defendant on October 17, 1890, “ and on divers other days and times between that day and the day of making this complaint,” at Boston, did keep and maintain a tenement “ then and on said other days and times there resorted to for illegal gaming, and then and on said other days and times there by him used for…

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Complaint to the “ Municipal Court of the city of Boston, holden at said Boston for the transaction of criminal business within the county of Suffolk,” charging that the defendant on October 17, 1890, “ and on divers other days and times between that day and the day of making this complaint,” at Boston, did keep and maintain a tenement “ then and on said other days and times there resorted to for illegal gaming, and then and on said other days and times there by him used for illegal gaming.” In the Superior Court, on appeal, before the jury were empanelled, the defendant renewed a motion to…

1Opinion of the CourtMorton, J.

Without considering the requests of the defendant successively, we think it enough to say that we discover no error in the instructions as given, nor in the refusal to give such requests or make such rulings as were desired. The form of the complaint was sufficient. The court to which the complaint was addressed was sufficiently described. Commonwealth v. Hoar, 121 Mass. 375. Commonwealth v. Clancy, 154 Mass. 128. The time and place were sufficiently set out, and -it was not necessary to describe the kind of illegal gaming that was carried on. Commonwealth v. Logan, 12 Gray, 136. Commonwealth…

2Cases cited4 opinions

  1. Commonwealth v. ClancyMassachusetts Supreme Judicial Court · 1891
  2. Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 1887
  3. Commonwealth v. HoarMassachusetts Supreme Judicial Court · 1876
  4. Commonwealth v. GouldingMassachusetts Supreme Judicial Court · 1883

3Cited by9 opinions

  1. Grimm v. United StatesSupreme Court of the United States · 1895
  2. Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
  3. Aguero v. StateCourt of Criminal Appeals of Texas · 1957
  4. Commonwealth v. WassonSuperior Court of Pennsylvania · 1910
  5. Commonwealth v. LaBonteMassachusetts Appeals Court · 1987

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