Commonwealth v. Emmons
Massachusetts Supreme Judicial Court
Two complaints alleging that the defendant was “ keeper of a billiard room or table,” and “ did admit thereto ” Austin S. Lynde and Henry P. McDonald, minors, without the consent of their parents or guardians.
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Two complaints alleging that the defendant was “ keeper of a billiard room or table,” and “ did admit thereto ” Austin S. Lynde and Henry P. McDonald, minors, without the consent of their parents or guardians. In the superior court, on appeal from the judgment of a trial justice, the defendant filed motions to quash the complaints as void for uncertainty, in charging the keeping of “ a billiard room or table,” and not averring to which the alleged minors were admitted, but only that he “ did admit” them “thereto”; nor averring that the defendant admitted them knowing that they were minors;…
1Opinion of the CourtBigelow, C. J.
1. The objections to the form of the complaints, not having been taken at the trial of the cases before the magistrate, are not now open to the defendant. St. 1864, c. 250 § 2. Commonwealth v. Walton, 11 Allen, 240.
*82. The evidence excluded was immaterial. It did not tend to prove or disprove any essential fact. It did not show, or have any tendency to show, either that the alleged minors were of age, or that the defendant did not actually admit them to the billiard room kept by him. Nor was it material to show that the defendant did not know or have reason to believe that the alleged minors…
2Cited by54 opinions
- People v. RobyMichigan Supreme Court · 1884
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1895
- Boos v. StateIndiana Supreme Court · 1914
- Carroll v. StateCourt of Appeals of Maryland · 1885
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