Com. v. Rhodes

• Decision Date: 30 November 1888
• Citation: 148 Mass. 123,19 N.E. 22
• Parties: COMMONWEALTH v. RHODES.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

148 Mass. 123

19 N.E. 22

COMMONWEALTH v. RHODES.

Supreme Judicial Court of Massachusetts, Middlesex.

November 30, 1888

Exceptions from superior court, Middlesex county; CHARLES P. THOMPSON, Judge.

Complaint charging that defendant, "James Rhodes, of Waltham, in said county of Middlesex, on the 1st day of July, 1887, and on divers other days and times between that day and the day of making this complaint, at Waltham aforesaid, in the county aforesaid, and within the judicial district of said court, knowingly, willfully, and without having any legal appointment or authority therefor, did keep and maintain a certain common nuisance, to- wit, a tenement in said Waltham, then and on said other days and times there used for the illegal sale and the illegal keeping for sale of intoxicating liquor," etc. The complaint was dated November 23, 1887. Defendant, in the district court, moved to quash on the ground that the complaint did not allege any place where the offense was committed on the 1st day of July. The motion was overruled, and defendant convicted. In the superior court, on appeal, the motion was renewed and overruled; and defendant, having been convicted, filed exceptions.

COUNSEL

Geo. F. Piper, for defendant.

A.J. Waterman, Atty. Gen., and H.A. Wyman, Asst. Atty. Gen., for the Commonwealth.

OPINION

PER CURIAM.

The motion to quash was rightly overruled. The complaint clearly charges that the offense was committed in Waltham. Exceptions overruled.