Commonwealth v. Andler
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | RUGG |
| Citation | 247 Mass. 580,142 N.E. 921 |
| Decision Date | 29 February 1924 |
| Parties | COMMONWEALTH v. ANDLER. |
247 Mass. 580
142 N.E. 921
COMMONWEALTH
v.
ANDLER.
Supreme Judicial Court of Massachusetts, Middlesex.
Feb. 29, 1924.
Exceptions from Superior Court, Middlesex County; James H. Sisk, Judge.
Israel Andler was found guilty of having registered bottles in his possession without the consent of the owner, and brings exceptions. Exceptions sustained.
Arthur [247 Mass. 580]K. Reading, Dist. Atty., of Boston, and Gardner W. Pearson, Asst. Dist. Atty., of Lowell, for the Commonwealth.
Benj. Rabalsky and Sam'l A. Margolis, both of Boston, for defendant.
[247 Mass. 581]RUGG, C. J.
This complaint, made by one Comiskey, ‘agent for H. P. Hood & Sons, Inc., a corporation,’ changes that the defendant at a specified time and place ‘did have in his possession registered vessels, to wit, fifty-nine registered bottles marked H. P. Hood & Sons, Registered, without the written consent of the owner, the said H. P. Hood & Sons, Inc., against the peace of the said Commonwealth, and contrary to the form of the Statute in such case made and provided.’ There was a verdict of guilty. Sentence of fine was imposed but its execution stayed.
This complaint sets out no crime known to the law of this Commonwealth. It is a complaint in proper form under G. L. c. 110, § 20, on which a search warrant may issue and on which a person in possession of such vessels as are there described may be summoned into court and examined as to the circumstances of such possession, and on which possession of such property taken on the search warrant may be awarded to the owner. That section does not authorize the imposition of any sentence on the person in whose possession the vessels are found. The only crime created with explicit reference to registered bottles is in G. L. c. 110, § 18. It there is provided that--
‘No person, without the written consent of the owner thereof, shall fill with a beverage with intent to sell the same any vessel registered under the preceding section, or change in any way, or conceal any name or the word ‘registered’ thereon, or buy, sell, traffic in or dispose of any such vessel.'
The complaint in the case at bar manifestly is not framed on section 18 and does not charge the essential facts made a crime thereby. Plainly it is not based on G. L. c. 110, §§ 1, 22, 23, 24.
Objection to the complaint on the ground that it set out no crime known to the law might have been taken by motion to quash. But this defect affected the jurisdiction of the court and properly might be...
To continue reading
Request your trial
-
Com. v. David
...even if the matter can be considered in the absence of an exception by Abraham, as he contends. Compare Commonwealth v. Andler, 247 Mass. 580, 142 N.E. 921; Commonwealth v. Conroy, 333 Mass. 751, 756-757, 133 N.E.2d 246. The indictment is in substantially the statutory form for this offence......
-
Commonwealth v. Dykens, SJC–11879.
...for that which is not a crime.” Commonwealth v. Wilson, 72 Mass.App.Ct. 416, 418, 892 N.E.2d 751 (2008), quoting Commonwealth v. Andler, 247 Mass. 580, 582, 142 N.E. 921 (1924). We agree. “We interpret statutory language to give effect consistent with its plain meaning and in light of the a......
-
Com. v. Stasiun
...was expressly raised by the defendants' motions to quash. Commonwealth v. Fuller, 163 Mass. 499, 40 N.E. 764. Commonwealth v. Andler, 247 Mass. 580, 581, 142 N.E. The indictment does not allege a continuing offence in the sense recognized in Wells v. Commonwealth, 12 Gray, 326 (keeping a ho......
-
Com. v. Clint C.
...has jurisdiction to entertain it." Commonwealth v. Cantres, 405 Mass. 238, 239-240, 540 N.E.2d 149 (1989), citing Commonwealth v. Andler, 247 Mass. 580, 581-582, 142 N.E. 921 (1924). Whether the Commonwealth is proceeding on an indictment which is legally deficient is a question of law for ......
-
Com. v. David
...even if the matter can be considered in the absence of an exception by Abraham, as he contends. Compare Commonwealth v. Andler, 247 Mass. 580, 142 N.E. 921; Commonwealth v. Conroy, 333 Mass. 751, 756-757, 133 N.E.2d 246. The indictment is in substantially the statutory form for this offence......
-
Commonwealth v. Dykens, SJC–11879.
...for that which is not a crime.” Commonwealth v. Wilson, 72 Mass.App.Ct. 416, 418, 892 N.E.2d 751 (2008), quoting Commonwealth v. Andler, 247 Mass. 580, 582, 142 N.E. 921 (1924). We agree. “We interpret statutory language to give effect consistent with its plain meaning and in light of the a......
-
Com. v. Stasiun
...was expressly raised by the defendants' motions to quash. Commonwealth v. Fuller, 163 Mass. 499, 40 N.E. 764. Commonwealth v. Andler, 247 Mass. 580, 581, 142 N.E. The indictment does not allege a continuing offence in the sense recognized in Wells v. Commonwealth, 12 Gray, 326 (keeping a ho......
-
Com. v. Clint C.
...has jurisdiction to entertain it." Commonwealth v. Cantres, 405 Mass. 238, 239-240, 540 N.E.2d 149 (1989), citing Commonwealth v. Andler, 247 Mass. 580, 581-582, 142 N.E. 921 (1924). Whether the Commonwealth is proceeding on an indictment which is legally deficient is a question of law for ......