Legal Opinion

Commonwealth v. Allison

Massachusetts Supreme Judicial Court

Decided May 24, 1917PublishedCited by 29 opinions

Indictment found and returned in the county of Suffolk on August 12, 1916, with thirteen counts, of which the second and eleventh were withdrawn by the district attorney, as described in the opinion, the titles of the pamphlets there referred to being "Why and How the Poor Should not have many Children” and “Don’t have Undesired Children.”

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Indictment found and returned in the county of Suffolk on August 12, 1916, with thirteen counts, of which the second and eleventh were withdrawn by the district attorney, as described in the opinion, the titles of the pamphlets there referred to being "Why and How the Poor Should not have many Children” and “Don’t have Undesired Children.” The defendant filed a motion to quash the indictment, assigning as to the first, third, fourth, fifth, sixth and seventh counts the following reason: “Because said count does not contain a reasonably specific description of the obscene, indecent and impure…

1Opinion of the CourtRugg, C. J.

This indictment in its first six counts charges the defendant with violation of R. L. c. 212, § 20, as amended by St. 1913, c. 259, by distributing pamphlets, the titles of which are given and which are described as containing “obscene, indecent and impure language, manifestly tending to corrupt the morals of youth, the same being too lewd and obscene to be more particularly set forth.” Upon order by the court, the District Attorney filed particulars, including the pamphlets, of each offence charged. .

These counts follow the words of the statute. The omission to recite at length the actual…

2Cases cited6 opinions

  1. Commonwealth v. JordanMassachusetts Supreme Judicial Court · 1911
  2. Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
  3. Commonwealth v. ConnellyMassachusetts Supreme Judicial Court · 1895
  4. Commonwealth v. BuckleyMassachusetts Supreme Judicial Court · 1909
  5. Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Eisenstadt v. BairdSupreme Court of the United States · 1972
  2. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  3. Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
  4. Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
  5. State v. NelsonSupreme Court of Connecticut · 1940

24 more not listed; retrieve them via the Exa API.

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