Legal Opinion

Commonwealth v. Brooks

Massachusetts Supreme Judicial Court

Decided March 15, 1872PublishedCited by 12 opinions

Complaint to the municipal court of the city of Boston, dated June 19, 1871, in behalf of the Commonwealth, by Charles B. Rice, superintendent of Faneuil Hall Market in Boston, for the violation of an ordinance of the city, passed June 2, 1871, which is printed in the margin.* At the trial in the superior court on appeal, before Lord, J., the defendant moved to dismiss the complaint, but the judge refused to allow the motion ; the jury returned a verdict of guilty; and the…

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Complaint to the municipal court of the city of Boston, dated June 19, 1871, in behalf of the Commonwealth, by Charles B. Rice, superintendent of Faneuil Hall Market in Boston, for the violation of an ordinance of the city, passed June 2, 1871, which is printed in the margin.* At the trial in the superior court on appeal, before Lord, J., the defendant moved to dismiss the complaint, but the judge refused to allow the motion ; the jury returned a verdict of guilty; and the defendant alleged exceptions. The case is stated in the opinion.

1Opinion of the CourtChapman, C. J.

The complaint is for the violation of a city ordinance, passed June 2,1871, to amend an ordinance in relation to Faneuil Hall Market. By § 4 of the ordinance in relation to Faneuil Hall Market,† this market includes specified portions of *357the building and seveial adjoining streets. The complaint alleges that the defendant on June 16, 1871, at Boston, “ with force and arms, was then and there the person having the care of a certain market wagon, having perishable produce therein, to wit, onions, and did suffer the said wagon to remain within the limits of Faneuil Hall Market, to wit, in that…

2Cases cited4 opinions

  1. Arnold and Others v. The United StatesSupreme Court of the United States · 1815
  2. Matthews v. ZaneSupreme Court of the United States · 1822
  3. In re WelmanUnited States District Court · 1844
  4. The AnnU.S. Circuit Court for the District of Massachusetts · 1812

3Cited by12 opinions

  1. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  2. Wilson v. Eureka CitySupreme Court of the United States · 1899
  3. In re FlahertyCalifornia Supreme Court · 1895
  4. Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
  5. Commonwealth v. EllisMassachusetts Supreme Judicial Court · 1893

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