Commonwealth v. Dill

Massachusetts Supreme Judicial Court
Commonwealth v. Dill, 159 Mass. 61 (Mass. 1893)
34 N.E. 84; 1893 Mass. LEXIS 82
Knowlton

Commonwealth v. Dill

Opinion of the Court

Knowlton, J.

This case comes before us on an appeal from an order overruling a motion in arrest of judgment. Such a motion for a cause existing before verdict cannot be allowed unless the cause affects the jurisdiction of the court. Pub. Sts. c. 214, § 27. Commonwealth v. Brown, 150 Mass. 334.

The only cause alleged in this case is a defect in the indictment. But it is clear that the indictment states a case which is within the jurisdiction of the court. It charges lewd and lascivious cohabitation, and although the word “abide” is used where the statute uses the word “ associated,” it contains all the substantive allegations which make up the offence. See Pub. Sts. c. 207, § 6. Without intimating that there is any such formal defect as could have been availed of if the defendants had taken their objection seasonably by a motion to quash, it is enough to say that the cause stated does not affect the jurisdiction of the court. Judgment affirmed.

Reference

Full Case Name
Commonwealth v. Sylvanus S. Dill & another
Status
Published