Commonwealth v. Tay
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | BARKER |
| Citation | 170 Mass. 192,48 N.E. 1086 |
| Decision Date | 08 January 1898 |
| Parties | COMMONWEALTH v. TAY. |
170 Mass. 192
48 N.E. 1086
COMMONWEALTH
v.
TAY.
Supreme Judicial Court of Massachusetts, Suffolk.
Jan. 8, 1898.
Exceptions and appeal from superior court, Suffolk county; Franklin G. Fessenden, Judge.
Alice Tay was convicted of being an idle and disorderly person, and she appeals and brings exceptions. Exceptions overruled, and judgment affirmed.
Edward [170 Mass. 192]F. Collins, for appellant.
M.J. Sughrue, for the Commonwealth.
BARKER, J.
1. The defendant having been arrested without a warrant, a complaint against her, under Pub.St. c. 207, § 29, as an idle and disorderly person, was made on the next day by the officer who had made the arrest, and upon this complaint a warrant was issued, upon which she was brought before the municipal court, and there tried and convicted. She appealed, and was tried and convicted upon the complaint in the superior court. She there moved that the proceedings be dismissed because her original arrest was unlawful, and also requested an instruction to the jury that if at the time of her arrest she was not committing any offense she should be acquitted. After verdict she moved in arrest of judgment, because the court had no jurisdiction of her person upon the complaint, for the reason that it was not made until after she had bn illegally arrested. In our opinion the court had jurisdicton to try the complaint, [170 Mass. 193]whether her original arrest was illegal or was authorized by law. If she was illegally arrested, she had her remedy by action for that wrong; and the illegal arrest did not prevent the court from acquiring jurisdiction to try the complaint. 2 Hawk. P.C. c. 27, § 102; Starkie, Cr.Pl. (2d Ed.) 297; Ex parte Scott, 4 Man. & R. 361; Id., 9 Barn. & C. 446; Rex v. Marks, 3 East, 157; Ex parte Krans, 2 Dowl. & R. 411; Com. v. Wait, 131 Mass. 417;State v. Brewster, 7 Vt. 118; Dows' Case, 18 Pa.St. 37; People v. Rowe, 4 Parker Cr.R. 253. In People v. Pratt, 22 Hun. 300, cited for the defendant, the complaint was insufficient, and therefore there was no jurisdiction.
2. The remaining contention is that, if during the period charged in the complaint the defendant was a married woman, supported by her husband or by any one else, so that it was unnecessary for her to engage in any employment, she could not be found guilty of the offense charged. The statute expressly includes in the class of idle and disorderly persons against whom it is directed “those persons who neglect all lawful business and habitually...
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Commonwealth v. Gorman
...v. Oakes, 151 Mass. 59, 60, 23 N. E. 660, and cases cited. Commonwealth v. Murphy, 155 Mass. 284, 286, 29 N. E. 469;Commonwealth v. Tay, 170 Mass. 192, 48 N. E. 1086;Commonwealth v. Conlin, 184 Mass. 195, 68 N. E. 207; Flito's Case, 210 Mass. 33, 95 N. E. 971. See, also, Ford v. United Stat......
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Commonwealth v. Gorman
...case. Commonwealth v. Oakes, 151 Mass. 59 , 60, and cases cited. Commonwealth v. Murphy, 155 Mass. 284 , 286. Commonwealth v. Tay, 170 Mass. 192. Commonwealth v. Conlin, 184 Mass. 195 . Flito's Case, 210 Mass. 33 . See also Ford v. United States, 273 U.S. 593, 606; State v. Rosenblum, 102 N......
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Deggett v. Hooper
...the statute was intended to prevent a continuance of such spcific acts after a warning from the moderator to cease. Commonwealth v. Tay, 170 Mass. 192, 48 N.E. 1086;People v. Galpern, 259 N.Y. 279, 181 N.E. 572, 83 A.L.R. 785. The judge was right in instructing the jury that under the statu......
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State v. Keith, No. 497
...Ker v. People of State of Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421; State v. May, 57 Kan. 428, 46 P. 709; Commonwealth v. Tay, 170 Mass. 192, 48 N.E. 1086; People v. Miller, 235 Mich. 340, 209 N.W. 81; People v. Ostrosky, 95 Misc. 104, 160 N.Y.S. 493, 34 N.Y. Cr.R. 396; State v. Mc......
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Commonwealth v. Gorman
...v. Oakes, 151 Mass. 59, 60, 23 N. E. 660, and cases cited. Commonwealth v. Murphy, 155 Mass. 284, 286, 29 N. E. 469;Commonwealth v. Tay, 170 Mass. 192, 48 N. E. 1086;Commonwealth v. Conlin, 184 Mass. 195, 68 N. E. 207; Flito's Case, 210 Mass. 33, 95 N. E. 971. See, also, Ford v. United Stat......
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Commonwealth v. Gorman
...case. Commonwealth v. Oakes, 151 Mass. 59 , 60, and cases cited. Commonwealth v. Murphy, 155 Mass. 284 , 286. Commonwealth v. Tay, 170 Mass. 192. Commonwealth v. Conlin, 184 Mass. 195 . Flito's Case, 210 Mass. 33 . See also Ford v. United States, 273 U.S. 593, 606; State v. Rosenblum, 102 N......
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Deggett v. Hooper
...the statute was intended to prevent a continuance of such spcific acts after a warning from the moderator to cease. Commonwealth v. Tay, 170 Mass. 192, 48 N.E. 1086;People v. Galpern, 259 N.Y. 279, 181 N.E. 572, 83 A.L.R. 785. The judge was right in instructing the jury that under the statu......
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State v. Keith, No. 497
...Ker v. People of State of Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421; State v. May, 57 Kan. 428, 46 P. 709; Commonwealth v. Tay, 170 Mass. 192, 48 N.E. 1086; People v. Miller, 235 Mich. 340, 209 N.W. 81; People v. Ostrosky, 95 Misc. 104, 160 N.Y.S. 493, 34 N.Y. Cr.R. 396; State v. Mc......