Commonwealth v. Peretz
Massachusetts Supreme Judicial Court
. Indictment, found and returned on August 6, 1910, under St. 1910, c. 424, § 5, charging that the defendant at Boston, "during the three months next preceding the finding of this indictment, well knowing one Freida Peretz to be a prostitute, did derive support and maintenance in part from the earnings and proceeds of the prostitution of said Freida Peretz as such prostitute.”
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. Indictment, found and returned on August 6, 1910, under St. 1910, c. 424, § 5, charging that the defendant at Boston, "during the three months next preceding the finding of this indictment, well knowing one Freida Peretz to be a prostitute, did derive support and maintenance in part from the earnings and proceeds of the prostitution of said Freida Peretz as such prostitute.” In the Superior Court the case was tried before Sanderson, J. Before the jury were sworn the defendant moved to quash the indictment, assigning as one of the reasons that the indictment alleged a portion of the time…
1Opinion of the CourtSheldon, J.
The first and most serious objection to the validity of this indictment is that it charges the offense to have been com*254mitted “ during the three months next preceding the finding of this indictment.” This is a proper mode of averment, and would authorize a conviction upon proof that the crime charged had been committed during the period of time thus defined. R. L. c. 218, § 32. But the indictment was found on the first Monday of August, that is on August 6, of the year 1910. The acts charged did not constitute an offense at common law, but were made criminal by St. 1910, c. 424, § 5, which…
2Cases cited13 opinions
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
- Commonwealth v. PearMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1879
- State v. WayNebraska Supreme Court · 1877
- Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Short v. United StatesCourt of Appeals for the Fourth Circuit · 1937
- Commonwealth v. StasiunMassachusetts Supreme Judicial Court · 1965
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- People v. FarsonNew York Court of Appeals · 1927
21 more not listed; retrieve them via the Exa API.