Commonwealth v. Hallahan
Massachusetts Supreme Judicial Court
Complaint, on the Pub. Sts. c. 98, § 2, to the First District Court of Eastern Middlesex, alleging that the defendant, at Melrose, on October 25,1885, “ that day being the Lord’s day, unlawfully did take part in a certain game, to wit, the game of cards, against the peace of said Commonwealth, and the form of the statute in such case made and provided.”
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Complaint, on the Pub. Sts. c. 98, § 2, to the First District Court of Eastern Middlesex, alleging that the defendant, at Melrose, on October 25,1885, “ that day being the Lord’s day, unlawfully did take part in a certain game, to wit, the game of cards, against the peace of said Commonwealth, and the form of the statute in such case made and provided.” In the Superior Court, on appeal, before the jury were empanelled, the defendant filed a motion to quash the complaint, for the following reasons: “ 1. Because no offence is charged. 2. Because there is no averment that the game of cards is an…
1Opinion of the CourtMorton, C. J.
The defendant’s objections to the complaint are for formal defects apparent on the face thereof, and should have been taken in the District Court. Pub. Sts. e. 214, § 25. Without discussing whether the objections, if duly taken by a motion to quash in the District Court, are well founded, it is enough to say that his motion to quash was made too late, and was therefore rightly overruled by the Superior Court.- Commonwealth v. Legassy, 113 Mass. 10. Commonwealth v. Doherty, 116 Mass. 13.
Exceptions overruled.
2Cases cited2 opinions
- Commonwealth v. DohertyMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. LegassyMassachusetts Supreme Judicial Court · 1873