Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Complaint, under St. 1895, c. 419, for being present where gaming implements were found. The complaint w,as as follows : “ To the justices of the Municipal Court of the city of Boston, holden at said city of Boston for the transaction of criminal business within the county of Suffolk, Charles H. Denton, of the city of Boston, in the county of Suffolk, police officer, in behalf of the Commonwealth of Massachusetts, on oath complains that Henry Chase, on the fifteenth day of…
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Complaint, under St. 1895, c. 419, for being present where gaming implements were found. The complaint w,as as follows : “ To the justices of the Municipal Court of the city of Boston, holden at said city of Boston for the transaction of criminal business within the county of Suffolk, Charles H. Denton, of the city of Boston, in the county of Suffolk, police officer, in behalf of the Commonwealth of Massachusetts, on oath complains that Henry Chase, on the fifteenth day of November, in the year of our Lord one thousand eight hundred and ninety-five, on oath informed the said justices that he…
1Opinion of the CourtHolmes, J.
The offence of being present where gaming implements are found, created by St. 1895, c. 419, § 9, is created by the words “ every person found ... so present shall be punished.” “So” refers back to the words “all persons present, ... if any . . . materials of any form of gaming are found in said place.” “ Said place ” by reference means a place which has been complained of under oath as a common gaming-house. But the words last quoted are used in that part of the section which authorizes an arrest on the complaint. When we come to the words constituting the offence, and first above quoted, it…
2Cases cited14 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
- White v. WhiteCourt of Appeals of Kentucky · 1859
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. HallettMassachusetts Supreme Judicial Court · 1869
9 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- United States v. BalintSupreme Court of the United States · 1922
- Commonwealth v. UptonMassachusetts Supreme Judicial Court · 1985
- Williams v. StateSupreme Court of Georgia · 1897
- Welchek v. StateCourt of Criminal Appeals of Texas · 1922
- Tenement House Department v. . McDevittNew York Court of Appeals · 1915
46 more not listed; retrieve them via the Exa API.