Commonwealth v. Filburn
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 163, § 12, alleging that “Patrick Gibbons of Clinton, in said county, on the thirteenth day of September, in the year eighteen hundred and seventy-four, at Clinton, in said county, was guilty of the crime of drunkenness, in a public street in said Clinton, by the voluntary use of intoxicating liquor, and that the said Patrick Gibbons, at the time and place said offence was committed, in manner and form aforesaid, to wit: on the said thirteenth…
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Indictment on the Gen. Sts. c. 163, § 12, alleging that “Patrick Gibbons of Clinton, in said county, on the thirteenth day of September, in the year eighteen hundred and seventy-four, at Clinton, in said county, was guilty of the crime of drunkenness, in a public street in said Clinton, by the voluntary use of intoxicating liquor, and that the said Patrick Gibbons, at the time and place said offence was committed, in manner and form aforesaid, to wit: on the said thirteenth day of September, in the year aforesaid, at Clinton aforesaid, in a public street as aforesaid, was law- . folly…
1Opinion of the CourtMorton, J.
The defendants are indicted under the Gen. Sts. c. 163, § 12, which provides a punishment for any person who “ aids or assists a prisoner in escaping, or attempting to escape, from an officer or person who has the lawful custody of such prissoner.” It is clear that it was not the purpose of this statute merely to prescribe a punishment for a common law offence. The intent of the Legislature was to define and describe the offence intended to be punished.
But we are of opinion that it is not within that class of statutes as to which it has been held that an indictment is sufficient which follows…
2Cited by12 opinions
- United States v. CarllSupreme Court of the United States · 1882
- Neufield v. United StatesCourt of Appeals for the D.C. Circuit · 1941
- King v. StateSupreme Court of Florida · 1900
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1880
- State v. SuttonIndiana Supreme Court · 1908
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