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116 Mass. 13

Commonwealth v. Doherty

Massachusetts Supreme Judicial Court

Decided September 22, 1874

Massachusetts Supreme Judicial Court · decided 1874-09-22

<p>A complaint on the St. of 1869, c. 415, § 39, to a police court alleged that the defendant, at a place within this Commonwealth, unlawfully did convey certain intoxicating liquors in a wagon to another person who intended to sell them in violation of law, the defendant having reasonable cause to believe that they were so intended for illegal sale. On appeal in the Superior Court the defendant objected that the complaint set forth no offence, because it omitted the words “from place to place within this Commonwealth.” Held, that the defect was merely formal and the objection was taken too late.</p>

Relies on Commonwealth v. Emmons · Green v. Commonwealth · Commonwealth v. Blanchard

Good law ✅— No negative treatment on recordhow we know

Decided 1874-09-22

How this case has been cited

Cited by 5 later decisions — most recently March 1910

5 state decisions

3018741880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gray, C. J.

¶1The complaint alleges that the defendant at Holyoke in this county unlawfully did convey certain intoxicating liquors in a wagon to another person who intended to sell them in violation of the St. of 1869, c. 415, the defendant having reasonable cause to believe that they were so intended for illegal sale ; and thus makes plain to common understanding a charge of an unlawful conveying from place to place in violation of § 39 of the statute. The imperfection in the technical description of the offence, by omitting the words “ from place to place within the Commonwealth,” and the superfluous allegation looking towards an offence under § 37, are mere formal defects which could not be availed of for the first time in the Superior Court on appeal. St. 1864, c. 250, § 2. Commonwealth v. Waters, 11 Gray, 81. Commonwealth v. Emmons, 98 Mass. 6. Commonwealth v. Blanchard, 105 Mass. 173. Green v. Commonwealth, 111 Mass. 417. Commonwealth v. Legassy, 113 Mass.

¶2 Exceptions overruled.

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