Commonwealth v. Bulman
Massachusetts Supreme Judicial Court
Indictment found and returned at March term 1875, of the Superior Court, averring that Cornelius Bulman, of Greenfield, in the county of Franklin, on October 1,1874, “ at Montague in the county aforesaid, and on divers other days and times between said last mentioned day and the day of finding this indictment, at said Montague, did keep and maintain a certain common, ill-governed and disorderly house there situate, and in the said house, for his own lucre and gain, certain…
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Indictment found and returned at March term 1875, of the Superior Court, averring that Cornelius Bulman, of Greenfield, in the county of Franklin, on October 1,1874, “ at Montague in the county aforesaid, and on divers other days and times between said last mentioned day and the day of finding this indictment, at said Montague, did keep and maintain a certain common, ill-governed and disorderly house there situate, and in the said house, for his own lucre and gain, certain evil-disposed persons whose names to said jurors as yet are not known, of evil name and fame, and conversation, to…
1Opinion of the CourtGray, C. J.
Under an indictment at common law, such as this is, for keeping a disorderly house, it is no variance that the defendant kept only a single room. Regina v. Pierson, 1 Salk. 382; S. C. 2 Ld. Raym. 1197. The common law knows no such offence as keeping a “ disorderly tenement.” Commonwealth v. Wise, 110 Mass. 181. The decision in Commonwealth v. McCaughey, 9 Gray, 296, was under a statute which prohibited the keeping of “ all buildings, places or tenements,” used for certain unlawful purposes, and was thereby held to have made a distinction between “ buildings ” and “ tenements.” Gen. Sts. c.…
2Cases cited1 opinion
- Commonwealth v. WiseMassachusetts Supreme Judicial Court · 1872
3Cited by2 opinions
- Wangsness v. McAlpineSouth Dakota Supreme Court · 1924
- Ingersoll v. IngersollNew Jersey Court of Chancery · 1882