Commonwealth v. Prescott
Massachusetts Supreme Judicial Court
Complaint on the Pub. Sts., c. 91, § 58, to the District Court of East Norfolk, alleging that the defendants, on January 18,1889, at Braintree, “ did then and there unlawfully take one thousand smelts in another manner than by artificially or naturally baited hand hook and line, to wit, by means of a seine and net, against the peace of said Commonwealth, and contrary to the form of the statute in such case made and provided.”
Read the full summary
Complaint on the Pub. Sts., c. 91, § 58, to the District Court of East Norfolk, alleging that the defendants, on January 18,1889, at Braintree, “ did then and there unlawfully take one thousand smelts in another manner than by artificially or naturally baited hand hook and line, to wit, by means of a seine and net, against the peace of said Commonwealth, and contrary to the form of the statute in such case made and provided.” At the trial in the Superior Court, on appeal, before Pitman, J., the defendants before the jury were impanelled renewed a motion to quash, made and overruled in the…
1Opinion of the CourtDevens, J.
The defendants filed in the District Court a motion to quash the complaint, upon the ground that it did not set forth any offence, that it did not sufficiently describe the act of the defendants, and that it was uncertain and insufficient as to the acts and means by which the offence was committed. This motion was renewed by them in the Superior Court. The complaint was for a violation of the Pub. Sts. c. 91, § 58,* and follows substantially the words of the statute. Where an offence is created by statute, it is as a general rule sufficient to charge the offence in the words of the statute,…
2Cases cited3 opinions
- Commonwealth v. BarrettMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. AshtonMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. MurrayMassachusetts Supreme Judicial Court · 1887
3Cited by6 opinions
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1910
- Commonwealth v. DanzigerMassachusetts Supreme Judicial Court · 1900
- Commonwealth v. HodgkinsMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. DewhirstMassachusetts Supreme Judicial Court · 1906
1 more not listed; retrieve them via the Exa API.