Com. v. Shea

• Decision Date: 21 December 1889
• Citation: 23 N.E. 47,150 Mass. 314
• Parties: COMMONWEALTH v. SHEA
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

150 Mass. 314

23 N.E. 47

COMMONWEALTH v. SHEA

Supreme Judicial Court of Massachusetts, Suffolk.

December 21, 1889

COUNSEL

P.J. Casey, for defendant.

OPINION

DEVENS, J.

The motion of the defendant to quash the complaint is based upon the theory that its allegations are vague and indefinite, and also that no unlawful and criminal intent on the part of the defendant is alleged. The allegations as to the place where, and the time when, the offense was committed are entirely specific, and no allegation of an unlawful or criminal intent was necessary. The statute expressly forbids the act which the defendant was charged with committing, and the complant follows its language. Whether the defendant intended to violate the statute or not, if she committed the act charged she was liable to the penalty which was imposed thereby. Pub.St. c. 207, § 13; Com. v. Farren, 9 Allen, 489; Com. v. Waite, 11 Allen, 264. The motion was properly overruled. Exceptions overruled.