Commonwealth v. Grey
Massachusetts Supreme Judicial Court
A complaint, made to a justice of the peace, alleged that the defendants, on the 18th of June 1854, at Canton, “ without any authority or license therefor duly had and obtained according to law, did sell spirituous or intoxicating liquor to one Patrick G. White,” &e. The defendants, being found guilty by the justice, appealed to the court of common pleas, and there pleaded that they would not contend with the Commonwealth, and this plea was received by the court.
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A complaint, made to a justice of the peace, alleged that the defendants, on the 18th of June 1854, at Canton, “ without any authority or license therefor duly had and obtained according to law, did sell spirituous or intoxicating liquor to one Patrick G. White,” &e. The defendants, being found guilty by the justice, appealed to the court of common pleas, and there pleaded that they would not contend with the Commonwealth, and this plea was received by the court. They then moved in arrest of judgment, “ because said complaint does not charge the violation of any statute of this commonwealth,…
1Opinion of the CourtMetcalf, J.
It is a general rule, that an indictment, information or complaint, most not charge a party disjunctively, so aa *502to leave it uncertain what, is relied on as the accusation against him. 2 Hawk. c. 25, § 58. 1 Chit. Crim. Law, 231. 1 Stark. Crim. Pl. (2d ed.) 245. Thus an indictment, which averred that S. made a forcible entry into two closes of meadow or pasture, was held to be bad. Speart’s case, 2 Rol. Ab. 81. So of an information which alleged that N. sold beer or ale without an excise license. The King v. North, 6 Dowl. & Ryl. 143. See also Rex v. Morley, 1 Y. & Jerv. 221; Ex parte Pain, 5…
2Cases cited2 opinions
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