Commonwealth v. Holmes
Massachusetts Supreme Judicial Court
Complaint to the First District Court of Bristol, alleging that the defendant, at Mansfield, on August 14, 1875, “ unlawfully did sell to one William Tilson, also to one William G. Tufts, also to one Curtis M. Bro.wn, also to one Charles James, also to one Alden Fuller, also to one Willard A. White, also to one Enos L. Williams, also to one Harvey H. Barrows, intoxicating liquor, he the said John Holmes not having then and there any license, authority or appointment…
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Complaint to the First District Court of Bristol, alleging that the defendant, at Mansfield, on August 14, 1875, “ unlawfully did sell to one William Tilson, also to one William G. Tufts, also to one Curtis M. Bro.wn, also to one Charles James, also to one Alden Fuller, also to one Willard A. White, also to one Enos L. Williams, also to one Harvey H. Barrows, intoxicating liquor, he the said John Holmes not having then and there any license, authority or appointment according to law to make such sale, against the peace of said Commonwealth and contrary to the form of the statute in such case…
1Opinion of the CourtGray, C. J.
When one count in an indictnlent charges two offences, distinct in kind and requiring distinct punishments, the objection of duplicity has been allowed in arrest of judgment. Commonwealth v. Symonds, 2 Mass. 163. State v. Nelson, 8 N. H. 163. People v. Wright, 9 Wend. 193. But when the two offences are precisely alike, the only reason against joining them in one count is that it subjects the accused to confusion and embarrassment in his defence; the objection is not open after a verdict of guilty of one offence only, but must be taken by mo-' tian to quash, or to compel the prosecutor to…
2Cases cited5 opinions
- Commonwealth v. SymondsMassachusetts Supreme Judicial Court · 1806
- People v. WrightNew York Supreme Court · 1832
- Commonwealth v. CainMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. HarveyMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. CalhaneMassachusetts Supreme Judicial Court · 1871
3Cited by27 opinions
- Commonwealth v. DuquetteMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
- Mitchell v. CommonwealthSupreme Court of Virginia · 1925
- Foley v. Lowell Division of the District Court DepartmentMassachusetts Supreme Judicial Court · 1986
- Commonwealth v. MaloneyMassachusetts Supreme Judicial Court · 1887
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