Legal Opinion

Commonwealth v. Ballou

Massachusetts Supreme Judicial Court

Decided January 1, 1878PublishedCited by 6 opinions

Indictment, charging that the defendants, on January 1, 1576, and on divers other days between that day and the day of the finding of the indictment, at Marlborough, “ did keep and maintain a certain building, to wit, a dwelling-house, used as a house of ill fame, resorted to for prostitution, lewdness and for illegal gaming, and used for the illegal sale and keeping of intoxicating liquors, the said building, so used as aforesaid, being then and there a common nuisance.”

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Indictment, charging that the defendants, on January 1, 1576, and on divers other days between that day and the day of the finding of the indictment, at Marlborough, “ did keep and maintain a certain building, to wit, a dwelling-house, used as a house of ill fame, resorted to for prostitution, lewdness and for illegal gaming, and used for the illegal sale and keeping of intoxicating liquors, the said building, so used as aforesaid, being then and there a common nuisance.” In the Superior Court, before the jury were empanelled, the defendants filed a motion to quash the indictment, on. the…

1Opinion of the CourtMorton, J.

By the Rev. Sts. as amended in 1849, it was provided that every person who shall keep a house of ill fame, resorted to for the purpose of prostitution or lewdness, shall be punished by imprisonment in the jail not more than two years. Rev. Sts. c. 130, § 8. St. 1849, c. 84.

The St. of 1855, c. 405, §§ 1, 2, provided that all buildings, places or tenements used as houses of ill fame, resorted to for prostitution, lewdness or for illegal gaming, or used for the illegal sale or keeping of intoxicating liquors, shall be common nuisances, and any person keeping or maintaining any such common…

2Cases cited1 opinion

  1. Commonwealth v. RingMassachusetts Supreme Judicial Court · 1873

3Cited by6 opinions

  1. Commonwealth v. GoodallMassachusetts Supreme Judicial Court · 1896
  2. Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 1887
  3. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1885
  4. People v. HoekMichigan Supreme Court · 1912
  5. Commonwealth v. LavonsairMassachusetts Supreme Judicial Court · 1882

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