Commonwealth v. Smith

Decided January 8, 1885

Massachusetts Supreme Judicial Court · decided 1885-01-08

Complaint to the Municipal Court of Boston, under the Pub. Sts. c. 207, § 13, charging the defendant with keeping a house of ill-fame in Boston. In the Superior Court, before the jury were empanelled, the defendant, moved to quash the complaint, on the ground that the court had no jurisdiction, because the court to which the complaint was made had none. The judge overruled the motion; and the defendant thereupon pleaded guilty, and appealed to this court.

Cited by 2 later decisions — most recently February 1924

1 federal appellate ·

Relies on Commonwealth v. Ballou

Good law ✅— No negative treatment on recordhow we know

Decided 1885-01-08

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Morton, C. J.

¶1The keeper of a house of ill-fame may be punished either under the Pub. Sts. c. 207, § 13, or under c. 101, § 7. Commonwealth v. Ballou, 124 Mass. 26.

¶2The complaint in the case at bar was brought under the Pub. Sts. e. 207, § 13, which provides that the keeper of a house of ill-fame shall be punished by imprisonment in the jail not exceeding two years. The defendant contends that the Municipal Court of the city of Boston has not jurisdiction of this offence. The Pub. Sts. e. 154, § 50, provide that the original criminal jurisdiction of that court “ shall include all crimes under the degree of felony,” with certain exceptions not affecting this case. As the offence charged in this case is not a felony, it follows that it is within the jurisdiction of the Municipal Court of the city of Boston. Pub. Sts. c. 210, § 1.

¶3Exceptions overruled'.