Commonwealth v. Sheedy
Massachusetts Supreme Judicial Court
Indictment on the Pub. Sts. c. 209, § 1, alleging that the defendant “ did dispose of one suit of clothing of the value of thirty-five dollars by way of lottery.” Trial in the Superior Court, before Sherman, J., who overruled the defendant’s motion, made before the jury were impanelled, to quash the indictment, on the ground that it did not indicate “ to whom a certain suit of clothes was disposed of, nor that it was disposed of to any person.”
Read the full summary
Indictment on the Pub. Sts. c. 209, § 1, alleging that the defendant “ did dispose of one suit of clothing of the value of thirty-five dollars by way of lottery.” Trial in the Superior Court, before Sherman, J., who overruled the defendant’s motion, made before the jury were impanelled, to quash the indictment, on the ground that it did not indicate “ to whom a certain suit of clothes was disposed of, nor that it was disposed of to any person.” The jury returned a verdict of guilty; and the "defendant alleged exceptions.
1Opinion of the CourtLathrop, J.
The indictment in this case charges that the defendant, at a time and place stated, “ did dispose of one suit of clothing of the value of thirty-five dollars by way of lottery.” Pub. Sts. c. 209, § 1. While the indictment follows the language of the statute, yet, as it charges a specific act, this is not enough. *56The defendant is entitled to have the offence set out with the usual precision and certainty. The name of the person to whom the suit of clothing was disposed of should be alleged, or, if he is unknown, this fact should be stated.
This has been held to be the rule in regard to an…
2Cases cited2 opinions
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. BrockwayMassachusetts Supreme Judicial Court · 1889
3Cited by9 opinions
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1936
- People v. DevinnyNew York Court of Appeals · 1919
- Commonwealth v. SwainMassachusetts Supreme Judicial Court · 1894
- Duin v. StateCourt of Criminal Appeals of Alabama · 1971
- People v. . DevinnyNew York Court of Appeals · 1919
4 more not listed; retrieve them via the Exa API.