Commonwealth v. Ferry
Massachusetts Supreme Judicial Court
- Complaint, under the St. of 1885, c. 342, § 1, by one Chase, to the Municipal Court of the city of Boston, alleging that at the time of the commission of the offence therein set forth a certain room'in a certain building in Boston “ was kept and occupied by some person whose name is unknown to said Chase, with apparatus, books, and other devices—a more particular description of said apparatus, books, and devices is to said Chase unknown —. for the purpose of registering…
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- Complaint, under the St. of 1885, c. 342, § 1, by one Chase, to the Municipal Court of the city of Boston, alleging that at the time of the commission of the offence therein set forth a certain room'in a certain building in Boston “ was kept and occupied by some person whose name is unknown to said Chase, with apparatus, books, and other devices—a more particular description of said apparatus, books, and devices is to said Chase unknown —. for the purpose of registering bets, and of buying and selling pools upon the results of trials and contests of skill, speed, and endurance of men,…
1Opinion of the CourtDevens, J.
1. The defendant contends that a more particular description of the apparatus, &c. used should have been given in the complaint, especially as it appeared at the trial that the complainant might have done this. But all such apparatus, books, &c. might have been, and probably were, entirely lawful and proper instruments in themselves; the important matter charged was that they were used for an unlawful purpose, set forth in the complaint. If this was alleged and proved, any detailed description of them was unnecessary.
2. The complaint is not bad for duplicity in charging the defendant with…
2Cases cited3 opinions
- Commonwealth v. MoodyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. FieldsMassachusetts Supreme Judicial Court · 1875
3Cited by21 opinions
- Frank v. StateSupreme Court of Georgia · 1914
- Commonwealth v. FinnertyMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. ConnellyMassachusetts Supreme Judicial Court · 1895
- Reilly v. GrayNew York Supreme Court · 1894
- Commonwealth v. ButynskiMassachusetts Supreme Judicial Court · 1959
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