Legal Opinion

Commonwealth v. Hart

Massachusetts Supreme Judicial Court

Decided November 28, 1877PublishedCited by 6 opinions

Complaint on the Gen. Sts. c. 87, §§ 6, 7, made and sworn to by William W. Pratt before a justice of the peace on December ‘1, 1876, and charging the defendant in due and usual form with unlawfully keeping and maintaining a common nuisance, to wit, a tenement used for the illegal keeping and illegal sale of intoxicating liquors, at Stoneham, “on the first day of July in the year, of our Lord one thousand eight hundred and seventy-six, and .on divers other days and times…

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Complaint on the Gen. Sts. c. 87, §§ 6, 7, made and sworn to by William W. Pratt before a justice of the peace on December ‘1, 1876, and charging the defendant in due and usual form with unlawfully keeping and maintaining a common nuisance, to wit, a tenement used for the illegal keeping and illegal sale of intoxicating liquors, at Stoneham, “on the first day of July in the year, of our Lord one thousand eight hundred and seventy-six, and .on divers other days and times between that day and the day of making this complaint.” The justice of the peace thereupon issued a v arrant commanding the…

1Opinion of the Court

By the Court.

The objections to the complaint were not relied on in argument. The objection to the form of the warrant, if it could ever have availed the defendant, was waived by his omission to take it in the District Court, and could not be first made in the Superior Court. Commonwealth v. Henry, 7 Cush. 512. Exceptions overruled

2Cited by6 opinions

  1. Commonwealth v. WaitMassachusetts Supreme Judicial Court · 1881
  2. Commonwealth v. LynnMassachusetts Supreme Judicial Court · 1891
  3. Commonwealth v. OakesMassachusetts Supreme Judicial Court · 1890
  4. Commonwealth v. BrusieMassachusetts Supreme Judicial Court · 1887
  5. Davis v. McEnaneyMassachusetts Supreme Judicial Court · 1890

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