Commonwealth v. Goulding

This is a motion to dismiss a complaint under the Pub. Sts. c. 101, § 9. The complaint alleges that the defendant, on a certain day, was the person having the control of a certain tenement described, and did then and there knowingly permit the said tenement to be used and resorted to for illegal gaming. The chief objection urged is that it does not allege that the defendant maintained, or aided in maintaining, a common nuisance, or that the said tenement was a common nuisance, to the common nuisance of all the citizens of the Commonwealth. As the facts alleged necessarily constituted the…