State v. Tracey
| Decision Date | 21 October 1878 |
| Citation | 12 R.I. 216 |
| Parties | STATE v. JAMES TRACEY. |
| Court | Rhode Island Supreme Court |
Under a statute which punishes as a common nuisance the keeping " a grog shop, tippling shop, or building, place, or tenement, used for the illegal sale or keeping of intoxicating liquors, or where intemperate, idle, dissolute noisy, or disorderly persons are in the habit of resorting " an indictment charged in one count the keeping a " common nuisance, to wit, a grog shop and tippling shop, and building," & c., and in another count the keeping " a certain grog shop and tippling shop," & c.
Held, that the indictment was not bad for duplicity nor for uncertainty.
A defendant embarrassed by not knowing which of several nuisances kept by him in the town is covered by the indictment may have an order for information.
A court may in its discretion allow leading questions to be put to a witness.
EXCEPTIONS to the Court of Common Pleas.
And the jurors aforesaid, upon their oaths aforesaid, do further present that the said James Tracey, trader, on the first day of January, in the year of our Lord one thousand eight hundred and seventy-seven, and on divers other days and times between said last mentioned day and the day of the finding of this indictment, with force and arms, at Johnston, in the aforesaid county of Providence, did keep and maintain a certain grog shop and tippling shop and building, place, and tenement used for the illegal sale and illegal keeping of intoxicating liquors, and for the habitual resort of intemperate, idle, dissolute, noisy, and disorderly persons, to the great damage and common nuisance of all the good citizens of this State, against...
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Urbani v. Razza
...It has, of course, long been settled that the admission of leading questions is within the discretion of a trial justice, State v. Tracey, 12 R.I. 216; Cole v. Barber, 33 R.I. 414, 82 A. 129. In the exercise of that discretion he has 'considerable latitude,' Lanni v. United Wire & Supply Co......
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State v. Martin
...in State v. Doyle, 15 R. I. 527, 9 Atl. 900, that the names of the persons frequenting the place need not be set forth; and in State v. Tracey, 12 R. I. 216, that it was not to be presumed that the defendant maintained several nuisances, and that he was embarrassed by not knowing which of s......
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Sanders v. Town Council of Warren
...specification of the particular acts which will establish the guilt of the accused at the trial. State v. Plastridge, 6 R. I. 76; State v. Tracey, 12 R. I. 216; State v. Hill, 13 R. I. 314. Iu State v. Russell, 14 R. I. 506, this court held that a complaint against a woman for being "a comm......
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State v. Davis
...been ordered are conspiracy, embezzlement, liquor selling, adultery, nuisance, criminal libel, barratry, and common scold. See State v. Tracey, 12 R. I. 216, 217; State v. Russell, 14 R. I. 506; Bishop's New Criminal Procedure, vol. 2, §§ 643-646, and cases cited. In said section 643, it is......