Legal Opinion

Commonwealth v. Inhabitants of Stockbridge

Massachusetts Supreme Judicial Court

Decided September 15, 1814PublishedCited by 4 opinions

The defendants were indicted, at the Circuit Court of Common Pleas holden in this county September, 1812, for neglecting to open, and maintain in repair, a certain highway, described in the indictment as lying partly in the town of Stockbridge, “ to the great injury and nuisance of all the citizens of this commonwealth having occasion to pass over said way, in evil example to others in like case to offend, against the peace, dignity, and authority, of the commonwealth…

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The defendants were indicted, at the Circuit Court of Common Pleas holden in this county September, 1812, for neglecting to open, and maintain in repair, a certain highway, described in the indictment as lying partly in the town of Stockbridge, “ to the great injury and nuisance of all the citizens of this commonwealth having occasion to pass over said way, in evil example to others in like case to offend, against the peace, dignity, and authority, of the commonwealth aforesaid, and the law in such case provided.” The defendants demurred generally to the indictment, and, the commonwealth…

1Opinion of the Court

The opinion of the Court (a) was now delivered by

Jackson, J.

The objection to this indictment is, that the offence complained of is not alleged to have been committed against the form of the statute, &c. In the case of the Commonwealth vs. Springfield., cited in the argument, á like defect in an indictment, founded on the same statute, was held by this Court to be fatal. The authority of that case is now to be questioned. But it is contended that, in this indictment, the words “ against the law in such case provided ” are equivalent to those which are here omitted, and supply the want of them.

T…

2Cases cited1 opinion

  1. Richardson v. RichardsonMassachusetts Supreme Judicial Court · 1806

3Cited by4 opinions

  1. State v. FlemmingSupreme Judicial Court of Maine · 1877
  2. Cleaves v. JordanSupreme Judicial Court of Maine · 1853
  3. Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1825
  4. Heald v. WestonSupreme Judicial Court of Maine · 1823

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