Commonwealth v. Carroll
Massachusetts Supreme Judicial Court
Complaint, under the Pub. Sts. e. 112, § 206, by William F. Batchelder, to the Justice of the Third District Court of Eastern Middlesex, alleging that the defendant, on February 20, 1887, at Cambridge, “ wilfully did throw a certain missile, to wit, a stone, at a certain street railway car of the property of the Cambridge Railroad Company, a corporation duly established by law.”
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Complaint, under the Pub. Sts. e. 112, § 206, by William F. Batchelder, to the Justice of the Third District Court of Eastern Middlesex, alleging that the defendant, on February 20, 1887, at Cambridge, “ wilfully did throw a certain missile, to wit, a stone, at a certain street railway car of the property of the Cambridge Railroad Company, a corporation duly established by law.” In the Superior Court, on appeal, before the jury were empanelled, the defendant moved to quash the complaint, for the following reasons: 1. The complaint is not made by any competent and proper person or authority.…
1Opinion of the CourtHolmes, J.
1. The motion, to quash was rightly overruled': Any one may make a complaint who is competent to make oath to it. The offence is alleged to have been committed at Cambridge, and therefore is shown to be within the jurisdiction of the court. St. 1882, c. 233. In the opinion of a majority of the court, the Pub. Sts. c. 112, § 206, must be construed to punish throwing a missile at a car whether in use or not* and therefore it was unnecessary to allege that the car was in use at the' time. It was also unnecessary to describe the car more particularly, and if there had been any defect in this…
2Cases cited1 opinion
- Commonwealth v. BakemanMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- Commonwealth v. HaddadMassachusetts Supreme Judicial Court · 1974
- State v. O'ConnellSupreme Judicial Court of Maine · 1904
- Commonwealth v. GayMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. McDonnellMassachusetts Supreme Judicial Court · 1892