Legal Opinion

Commonwealth v. Clancy

Massachusetts Supreme Judicial Court

Decided June 25, 1891PublishedCited by 12 opinions

Complaint, in two counts, to the Municipal Court of the city of Boston. The second count differed from the first count only in respect to the time alleged.

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Complaint, in two counts, to the Municipal Court of the city of Boston. The second count differed from the first count only in respect to the time alleged. The first count was as follows: “ To the Justices of the Municipal Court of the city of Boston, holden at said Boston for the transaction of criminal business, within the county of Suffolk: Henry Chase of the city of Boston in the county of Suffolk, in behalf of the Commonwealth of Massachusetts, on oath complains that Patrick Clancy of said Boston, on the twenty-fifth day of June in the year of our Lord one thousand eight hundred and…

1Opinion of the CourtHolmes, J.

The motion to quash was properly overruled. The complaint charges an offence under the St. of 1885, c. 342, § 1. That statute makes it criminal to be present in a room occupied with apparatus, books, or devices for the purpose of registering bets, or of buying or selling pools, upon the result of a trial of the speed of beasts, etc., engaged in the business of registering bets, or of buying or selling pools upon the result of a trial of the speed of beasts, etc. It is not necessary that the defendant’s business should embrace both registering bets and buying or selling pools. If it embraces…

2Cases cited7 opinions

  1. Windram v. FrenchMassachusetts Supreme Judicial Court · 1890
  2. United States v. JackalowSupreme Court of the United States · 1862
  3. Commonwealth v. FordMassachusetts Supreme Judicial Court · 1881
  4. Commonwealth v. FerryMassachusetts Supreme Judicial Court · 1888
  5. Commonwealth v. MoodyMassachusetts Supreme Judicial Court · 1887

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

3Cited by12 opinions

  1. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1896
  2. Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901
  3. Commonwealth v. BoyleMassachusetts Supreme Judicial Court · 1963
  4. Commonwealth v. ChagnonMassachusetts Supreme Judicial Court · 1953
  5. Commonwealth v. SwainMassachusetts Supreme Judicial Court · 1894

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

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