Commonwealth v. Smith

Massachusetts Supreme Judicial Court

Commonwealth v. Smith

60 Mass. 80, 6 Allen 80

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1850

StatusPublished

Cited by10 cases

This text of 60 Mass. 80 (Commonwealth v. Smith) 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. Smith, 60 Mass. 80, 6 Allen 80 (Mass. 1850).

Pincite

Opinion

Dewey, J.

The judgment in this case must be arrested. No offence is technically charged in this complaint. The “ disturbance of divers citizens ” by noises in the public streets is not a proper setting out of the offence here intended to be charged. If the acts done by the parties constitute any criminal offence, it is that of a nuisance. As such it ought to have been alleged, that the noises made by the defendants were to the great damage and common nuisance of all the citizens of the commonwealth, there inhabiting, being, and residing, &c

Judgment an ested.

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Dewey, J.

The judgment in this case must be arrested. No offence is technically charged in this complaint. The “ disturbance of divers citizens ” by noises in the public streets is not a proper setting out of the offence here intended to be charged. If the acts done by the parties constitute any criminal offence, it is that of a nuisance. As such it ought to have been alleged, that the noises made by the defendants were to the great damage and common nuisance of all the citizens of the commonwealth, there inhabiting, being, and residing, &c

Judgment an ested.

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Bluebook (online)

60 Mass. 80, 6 Allen 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-smith-mass-1850.

Opinion

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