Legal Opinion

Commonwealth v. Clark

Massachusetts Supreme Judicial Court

Decided November 22, 1887PublishedCited by 7 opinions

Complaint to the Police Court of Gloucester, against James Clark and William E. Wetmore, alleging that the defendants, on January 1, 1886, and on divers other days and times between that day and July 26, 1886, at Gloucester, “ did keep and maintain a certain tenement, there situate, then and there used by said James Clark and William E. Wetmore as a house of ill-fame, resorted to for prostitution, lewdness, and for illegal gaming, and then and there used by the said Clark…

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Complaint to the Police Court of Gloucester, against James Clark and William E. Wetmore, alleging that the defendants, on January 1, 1886, and on divers other days and times between that day and July 26, 1886, at Gloucester, “ did keep and maintain a certain tenement, there situate, then and there used by said James Clark and William E. Wetmore as a house of ill-fame, resorted to for prostitution, lewdness, and for illegal gaming, and then and there used by the said Clark and Wetmore for the illegal sale and for the illegal keeping of intoxicating liquor, said tenement, so used as aforesaid,…

1Opinion of the CourtC. Allen, J.

1. The motion to quash was properly overruled. The complaint was sufficient, under the Pub. Sts. c. 101, § 6. Commonwealth v. Ballou, 124 Mass. 26.

2. The objection that the time of the continuance of the of-fence, as alleged in the complaint, was too long, cannot prevail. The defendant cites no authority in support of his view that six months is the longest time that can be legally covered by a complaint. He might have moved for a specification of particulars. See Commonwealth v. Giles, 1 Gray, 466, where the offence was alleged to have extended over a period of sixteen months.

8. The…

2Cases cited4 opinions

  1. Commonwealth v. CunninghamMassachusetts Supreme Judicial Court · 1870
  2. Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1874
  3. Commonwealth v. BallouMassachusetts Supreme Judicial Court · 1878
  4. Commonwealth v. HaherMassachusetts Supreme Judicial Court · 1873

3Cited by7 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
  3. Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1939
  4. State v. HullSupreme Court of Rhode Island · 1893
  5. Commonwealth v. RiversMassachusetts Supreme Judicial Court · 1940

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