Commonwealth v. Roland

Massachusetts Supreme Judicial Court

Commonwealth v. Roland

78 Mass. 132

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1858

StatusPublished

This text of 78 Mass. 132 (Commonwealth v. Roland) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Roland, 78 Mass. 132 (Mass. 1858).

Pincite

Opinion

By the Court.

1. It has been repeatedly decided by this . court, that the words “ not being duly appointed and authorized [133]*133therefor” sufficiently negative all legal authority. Commonwealth v. Clapp, 5 Gray, 97. Commonwealth v. Keefe, 7 Gray, 332. Commonwealth v. Hoye, 11 Gray, 462.

2. Alleging a party to have been a common seller in a building is not a charge under the St. of 1855, c. 405, which punishes the habitual use of the building, a different offence. That stat ute does not therefore repeal the earlier St. of 1855, c. 215.

Exceptions overruled.

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By the Court.

1. It has been repeatedly decided by this . court, that the words “ not being duly appointed and authorized [133]*133therefor” sufficiently negative all legal authority. Commonwealth v. Clapp, 5 Gray, 97. Commonwealth v. Keefe, 7 Gray, 332. Commonwealth v. Hoye, 11 Gray, 462.

2. Alleging a party to have been a common seller in a building is not a charge under the St. of 1855, c. 405, which punishes the habitual use of the building, a different offence. That stat ute does not therefore repeal the earlier St. of 1855, c. 215.

Exceptions overruled.

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Bluebook (online)

78 Mass. 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-roland-mass-1858.