Commonwealth v. Byrnes
Massachusetts Supreme Judicial Court
Complaint on the St. of 1875, Before judgment in the District Court, the defendant moved to quash the complaint, “because there is no sufficient allegation that the defendant was not authorized by law to do the acts therein mentioned,” and for other reasons not now necessary to be stated. This motion was overruled, and the defendant was convicted, and appealed to the Superior Court, and there renewed his motion to quash.
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Complaint on the St. of 1875, Before judgment in the District Court, the defendant moved to quash the complaint, “because there is no sufficient allegation that the defendant was not authorized by law to do the acts therein mentioned,” and for other reasons not now necessary to be stated. This motion was overruled, and the defendant was convicted, and appealed to the Superior Court, and there renewed his motion to quash. Bacon, J., overruled the motion; and thereupon the defendant pleaded guilty, and the questions of law, arising at the trial upon the motion so overruled, being in the opinion…
1Opinion of the CourtGray, C. J.
Upon objections to a complaint, specifically assigned by demurrer or motion to quash, filed before judgment in the District Court, and renewed in the Superior Court upon appeal, the decision of the Superior Court is subject to revision by this com’t on bill of exceptions. St. 1864, o. 250, § 2. Commonwealth v. McGrovern, 10 Allen, 193. Commonwealth v. Walton, 11 Allen, 238. The Gen. Sts. c. 173, § 8, authorize any question of law arising “ upon the trial of a person convicted in the Superior Court,” which in the opinion of the presiding judge is so important or so doubtful as to require the…
2Cases cited3 opinions
- Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
- Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. FeciMassachusetts Supreme Judicial Court · 1920
- State v. LightfootSupreme Court of Iowa · 1899
- Smythe v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Terry v. BrightmanMassachusetts Supreme Judicial Court · 1880
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