Commonwealth v. Shea

Massachusetts Supreme Judicial Court

Commonwealth v. Shea

23 N.E. 47, 150 Mass. 314, 1889 Mass. LEXIS 89

CourtMassachusetts Supreme Judicial Court

DecidedDecember 21, 1889

StatusPublished

Cited by3 cases

This text of 23 N.E. 47 (Commonwealth v. Shea) 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. Shea, 23 N.E. 47, 150 Mass. 314, 1889 Mass. LEXIS 89 (Mass. 1889).

Pincite

Opinion

Devens, J.

The motion of the defendant to quash the complaint is based upon the theory that its allegations are vague and indefinite, and also that no unlawful and criminal intent on the part of the defendant is alleged. The allegations as to the place where and the time when the offence was committed are entirely specific, and no allegation of an unlawful or criminal intent was necessary. The statute expressly forbids the act which the defendant was charged with committing, and the complaint follows its language. Whether the defendant intended [315]*315to violate the statute or not, if she committed the act charged she was liable to the penalty which was imposed thereby. Pub. Sts. c. 207, § 13. Commonwealth v. Farren, 9 Allen, 489. Commonwealth v. Waite, 11 Allen, 264. The motion was properly overruled. Exceptions overruled.

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Devens, J.

The motion of the defendant to quash the complaint is based upon the theory that its allegations are vague and indefinite, and also that no unlawful and criminal intent on the part of the defendant is alleged. The allegations as to the place where and the time when the offence was committed are entirely specific, and no allegation of an unlawful or criminal intent was necessary. The statute expressly forbids the act which the defendant was charged with committing, and the complaint follows its language. Whether the defendant intended [315]*315to violate the statute or not, if she committed the act charged she was liable to the penalty which was imposed thereby. Pub. Sts. c. 207, § 13. Commonwealth v. Farren, 9 Allen, 489. Commonwealth v. Waite, 11 Allen, 264. The motion was properly overruled. Exceptions overruled.

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Bluebook (online)

23 N.E. 47, 150 Mass. 314, 1889 Mass. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-shea-mass-1889.

Opinion

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