Commonwealth v. Symonds
Massachusetts Supreme Judicial Court
The indictment, found at the Court of Sessions, in September, 1803, which contained only one count, charged that the defendant, at Burlington, in said county, on Lord’s day, August 21, 1803, within the walls of the public meeting-house, which is used and improved as a house of public worship, with force and arms did behave indecently and rudely, and then and there did wilfully interrupt and disturb the people of said B., then and there assem bled in said meeting-house for…
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The indictment, found at the Court of Sessions, in September, 1803, which contained only one count, charged that the defendant, at Burlington, in said county, on Lord’s day, August 21, 1803, within the walls of the public meeting-house, which is used and improved as a house of public worship, with force and arms did behave indecently and rudely, and then and there did wilfully interrupt and disturb the people of said B., then and there assem bled in said meeting-house for publicly worshipping God on said day. ^ By the 7th section of “ An Act (1) providing for the due observation of the Lord’s…
1Opinion of the Court
Upon a conviction in the Sessions, the defendant appealed; and now, after a trial and conviction in this Court, moved, in arrest of judgment, that the indictment contained in one count two distinct offences, described in two distinct sections of the statute, and for which distinct and different fines were provided; and for these reasons the Court (the Chief Justice, having been of counsel in the cause, gave no opinion,) arrested the judgment. (a)
Judgment arrested'.
" The defendant,” says Mr. Archbold, " must not be charged with having committed two or more offences in any one count of the…
2Cited by24 opinions
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
- State v. NelsonSupreme Judicial Court of Maine · 1849
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1875
- Knopf v. StateIndiana Supreme Court · 1882
- McGahagin v. StateSupreme Court of Florida · 1880
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