Commonwealth v. Ring
Massachusetts Supreme Judicial Court
Complaint, under the Gen. Sts. c. 87, §§ 6, 7, dated November 22, 1872, to the Municipal Court of the city of Boston, for keeping and maintaining a tenement as a house of ill fame. The defendant was convicted and sentenced, and she appealed. In the Superior Court, after a trial and verdict of guilty, the defendant moved in arrest of judgment, for the reason that the Municipal Court had no authority to take final jurisdiction of the case or to pass sentence upon her.
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Complaint, under the Gen. Sts. c. 87, §§ 6, 7, dated November 22, 1872, to the Municipal Court of the city of Boston, for keeping and maintaining a tenement as a house of ill fame. The defendant was convicted and sentenced, and she appealed. In the Superior Court, after a trial and verdict of guilty, the defendant moved in arrest of judgment, for the reason that the Municipal Court had no authority to take final jurisdiction of the case or to pass sentence upon her. Allen, J., overruled the motion, and the defendant alleged exceptions.
1Opinion of the CourtWells, J.
The St. of 1866, c. 280, changed the penalty for offences under the Gen. Sts. a. 87, §§ 6, 7, from fine or imprisonment to fine and imprisonment. By this change of penalty, the St. of 1863, e. 78, which gave to police courts jurisdiction of all offences under the Gen. Sts. c. 87, §§ 6, 7, was rendered inoperative for that purpose; because that statute, as construed by the court in Commonwealth v. Griffin, 105 Mass. 185, and as amended by the St. of 1865, e. 281, limited the power of police courts to inflict punishment, in such cases, to fine or imprisonment.
*428But the penalty imposed by the St.…
2Cases cited1 opinion
- Commonwealth v. GriffinMassachusetts Supreme Judicial Court · 1870
3Cited by1 opinion
- Commonwealth v. BallouMassachusetts Supreme Judicial Court · 1878