Commonwealth v. Brown
Massachusetts Supreme Judicial Court
Indictment, duly averring that the defendant at Lynn on October 1, 1873, and on divers other days and times between that day and the day of the finding of the indictment, kept and maintained a tenement used for the illegal sale and illegal keeping of intoxicating liquors.
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Indictment, duly averring that the defendant at Lynn on October 1, 1873, and on divers other days and times between that day and the day of the finding of the indictment, kept and maintained a tenement used for the illegal sale and illegal keeping of intoxicating liquors. The caption was as follows: “ Commonwealth of Massachusetts, Essex, to wit: At the Superior Court begun and holden at Salem within and for said county of Essex on the fourth Monday of January in the year of our Lord one thousand eight hundred and seventy-three.” By the minutes of the clerk upon the docket of January term…
1Opinion of the CourtGray, C. J.
The indictment duly charging the commission of an offence at a time before it was found, and the date of its presentment appearing by the record, the error in the caption was immaterial. Commonwealth v. Hines, 101 Mass. 33. Commonwealth v. Smith, 108 Mass. 486. Exceptions overruled.
2Cases cited2 opinions
- Commonwealth v. HinesMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Commonwealth v. McClaineMassachusetts Supreme Judicial Court · 1975
- Brown v. HudspethCourt of Appeals for the Tenth Circuit · 1939
- Commonwealth v. MuldoonMassachusetts Appeals Court · 2018
- State v. RobinsonSupreme Judicial Court of Maine · 1892