Commonwealth v. Lagorio

• Decision Date: 30 January 1886
• Citation: 6 N.E. 546,141 Mass. 81
• Parties: COMMONWEALTH v. LAGORIO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

141 Mass. 81

6 N.E. 546

COMMONWEALTH v. LAGORIO.

Supreme Judicial Court of Massachusetts, Suffolk.

January 30, 1886

COUNSEL

E.J. Jones and G.W. Searle, for defendant.

E.J. Sherman, Atty. Gen., for the Commonwealth.

OPINION

BY THE COURT.

1. The motion to quash was rightly overruled, for two reasons: It was made too late, and the complaint is sufficient. Com. v. Rowe, ante, 545.

2. The defendant's license as a hawker and peddler did not authorize him to violate a lawful police regulation of the city of Boston. Com. v. Fenton, 139 Mass. 197.

3. It is not necessary that the regulation upon which the complaint is founded should be approved by the superior court, or a justice thereof. Pub.St. c. 27,§ 21, does not apply to the ordinances or regulations of the board of aldermen of the city of Boston. Com. v. Davis, 140 Mass. 485; S.C. 4 N.E. 577.

Exceptions overruled.