Com. v. Kane

• Citation: 53 N.E. 919,173 Mass. 477
• Parties: COMMONWEALTH v. KANE.
• Decision Date: 20 May 1899
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

173 Mass. 477

53 N.E. 919

COMMONWEALTH v. KANE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 20, 1899

The following is the complaint: "To the justices of the municipal court of the city of Boston, holden at said city of Boston for the transaction of criminal business within the county of Suffolk, Patrick Malley, of the city of Boston, in the county of Suffolk police officer in behalf of the commonwealth of Massachusetts, on oath complains that one Clarence H Knowlton on the 26th day of November, in the year of our Lord 1897, on oath informed the said justices that he suspected and had probable cause to suspect, that the rooms designated as 'suite two in the first story of the building situated and numbered sixty-three, in Emerald street, in said city of Boston,' and within the judicial district of said court (which said rooms were occupied by some person whose name was to the informant unknown), were unlawfully used and resorted to by divers persons, whose names were to the informant unknown, for the purpose of smoking opium and preparations of opium, and for the purpose of selling and giving away opium and preparations of opium to be smoked in said rooms, and that divers persons whose names were to the informant unknown, unlawfully resorted to said rooms for the purposes aforesaid; and prayed for a warrant to enter into said rooms and to arrest the keepers of the same, and all persons then and there present, whether engaged in smoking opium or any preparation of opium as aforesaid, or not, if implements for smoking opium or any preparation of opium were then and there found in said rooms, and to take into custody all the opium and any preparation of opium, and all the implements for smoking opium or any preparation of opium, and all the personal property, furniture, and fixtures then and there found. And thereupon the said court issued a warrant in due form of law, under the seal thereof, commanding the sheriff of said county of Suffolk, his deputies, and the constables and police officers of said city of Boston, and each of them, forthwith to enter in the daytime or in the nighttime into said rooms, and there to arrest the keepers of the same, and all persons there found present, whether engaged in smoking opium or any preparation of opium as aforesaid, or not, if implements for smoking opium or any preparation of opium were then found in said rooms; and to take into their custody all the opium and any preparation of opium, and all the implements for smoking opium or any preparation of opium, and all the personal property, furniture, and fixtures then and there found as aforesaid, and to keep the said persons, opium, preparations of opium, implements for smoking opium or any preparation of opium, personal property, furniture, and fixtures so that they might be forthcoming before said court, to be disposed of and dealt with according to law; and that afterwards, to wit, on the 29th day of November in the year aforesaid, by virtue of said warrant, and in obedience to the commands and requirements therein contained, the said Malley, being then and there a police officer of said city, and being then and there duly authorized to serve said warrant, did enter into said rooms described in the warrant aforesaid, and then and there found David Kane, Patrick Lawler, and James Martin, all of said Boston, present in said rooms at the time implements for smoking opium and preparations of opium were then and there by said Malley found in said rooms; and that the said Malley did then and there seize the said implements for smoking opium and preparations of opium, and did then and there arrest and take into his custody the said Kane, Lawler, and Martin, so found present at the time implements for smoking opium and preparations of opium were then and there found as aforesaid, so that they might be forthcoming before said court, to be dealt with according to law. And the said Malley, upon his oath aforesaid, doth say that the said rooms, in manner and form aforesaid, were then unlawfully used and resorted to for the purpose of smoking opium and preparations of opium as aforesaid, and for the purpose of selling and giving away opium and preparations of opium to be smoked in said rooms as aforesaid, and that the said Kane, Lawler, and Martin were then and there, and in manner and form aforesaid, severally present in said rooms at the time implements for smoking opium and preparations of opium were found in said rooms as aforesaid; against the peace of said commonwealth and the form of the statute in such case made and provided."

The following are the objections to the complaint: "(1) The place where said implements were found is not set forth with the accuracy which is imperative in criminal pleading. (2) There is no allegation that the defendants were knowingly willfully, and wantonly in said suite of rooms. (3) There is no allegation or description of the instrument used for smoking opium or...