Public-domain · open source
OpenJurist

143 Mass. 468

Commonwealth v. Sheehan

Massachusetts Supreme Judicial Court

Decided January 31, 1887

Massachusetts Supreme Judicial Court · decided 1887-01-31

Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement in Natick used for the illegal sale and illegal keeping of intoxicating liquors, “ on the first day of August, in the year of our Lord eighteen hundred and eighty-six, and on divers other days and times between that day and the third day of September, and on said third day of September,” 1886. ■ In the Superior Court, on appeal, before the jury were empanelled, the defendant renewed a motion…

Relies on Commonwealth v. Dunn

Good law ✅— No negative treatment on recordhow we know

Decided 1887-01-31

How this case has been cited

Cited by 4 later decisions — most recently March 1917

4 state decisions

201887189019001910decided

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.

View the full empirical analysis of this case →

By the Count.

¶1The allegation that the defendant kept and maintained a common nuisance “ on the first day of August, in the year of our Lord eighteen hundred and eighty-six, and on divers other days and times between that day and the third day of September,” charges an offence committed during the single period commencing on said first day of August and ending on said third day of September and including both of said days. Commonwealth v. Dunn, 111 Mass. 426.

¶2The words following, “ and on said third day of September,” add nothing to the previous charge, and are unnecessary, but they do not charge a separate offence. The clear meaning of the allegation is, that the defendant kept the nuisance on the first day of August, and on divers other days and times between said day and the third day of September, including said third day of September. The complaint charges but one offence committed during a single period of time, and is not bad for duplicity.

¶3Exceptions overruled.

/143/mass/468 · .json · Public domain