# Commonwealth v. Dill

> Massachusetts Supreme Judicial Court · May 16, 1893 · 159 Mass. 61

URL: https://www.frixlaw.com/law-library/cases/6424563

## Case

- **Full name:** Commonwealth v. Sylvanus S. Dill & another
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** May 16, 1893
- **Citations:** 159 Mass. 61; 34 N.E. 84; 1893 Mass. LEXIS 82
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Knowlton
- **Judges:** Knowlton
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6424563

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6424563. Public record. Not legal advice.