Commonwealth v. Hoxey
Massachusetts Supreme Judicial Court
The indictment set forth that the inhabitants of Williamstown, on the 15th of March, 1819, were duly assembled in town meeting, for the choice of town officers for the political year then next ensuing ; that a moderator was duly chosen, who called on the electors present to give in their votes for a selectman for the year ensuing; that the defendant, while the moderator was presiding in the meeting, and was receiving the votes for a selectman, with force and arms, intending…
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The indictment set forth that the inhabitants of Williamstown, on the 15th of March, 1819, were duly assembled in town meeting, for the choice of town officers for the political year then next ensuing ; that a moderator was duly chosen, who called on the electors present to give in their votes for a selectman for the year ensuing; that the defendant, while the moderator was presiding in the meeting, and was receiving the votes for a selectman, with force and arms, intending as much as in him lay to prevent the choice of said selectman according to the will of the electors, and to interrupt…
1Opinion of the Court
By the Court. The indictment charges the offence to have been' committed contra formam statuti; but no statute is found to describe the offence as alleged. The statute of 1785, c. 75, <§. 6, imposes a penalty of twenty shillings for disorderly conduct in town meetings, if the offender shall, after notice from the moderator, persist in his disorderly behavior, and shall refuse or neglect to withdraw from the meeting, after being directed to do so by the moderator. The offence laid in the indictment is not within this provision. Further, all penalties imposed by that statute, not exceeding…
2Cited by19 opinions
- Commonwealth v. McHaleSupreme Court of Pennsylvania · 1881
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
- People v. ArnoldMichigan Supreme Court · 1881
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1938
- Doggett v. HooperMassachusetts Supreme Judicial Court · 1940
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