Commonwealth v. Smith
Cases that cite this one
10 later published cases cite this decision.
- Samuel J. Burleson v. Tracy D. Pucket (Tex. App. 2018)
- Magnifico v. Nicholson (Mass. 1928)
- Barry v. General Mortgage & Loan Corp. (Mass. 1926)
- Ashcroft v. Simmons (Mass. 1890)
- Wilson v. Crooker (Mass. 1888)
- Rogers v. Abbott (Mass. 1880)
- Bicknell v. Cleverly (Mass. 1878)
- Robinson v. Sprague (Mass. 1878)
- Putnam v. Osgood (N.H. 1871)
- Hanson v. Herrick (Mass. 1868)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.