Legal Opinion

Commonwealth v. Doyle

Massachusetts Supreme Judicial Court

Decided September 15, 1872PublishedCited by 8 opinions

Complaint to a trial justice, dated November 23,1871, charging an illegal keeping of intoxicating liquors on December 23, 1871. The defendant was convicted and appealed. At the trial on appeal in the Superior Court, before Sevens, J., the defendant contended that he could not be convicted upon a complaint which charged an offence as committed after the date of the complaint. It did not appear that he took this objection before the trial justice.

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Complaint to a trial justice, dated November 23,1871, charging an illegal keeping of intoxicating liquors on December 23, 1871. The defendant was convicted and appealed. At the trial on appeal in the Superior Court, before Sevens, J., the defendant contended that he could not be convicted upon a complaint which charged an offence as committed after the date of the complaint. It did not appear that he took this objection before the trial justice. The judge ruled that the defendant might be convicted if the evidence showed that he committed the offence before the time of the complaint. The jury…

1Opinion of the Court

By the Court.

The complaint alleging that the defendant was guilty at a day taen future alleged no offence as having been already committed. Complaint quashed.

2Cited by8 opinions

  1. People v. . Van EveryNew York Court of Appeals · 1917
  2. State v. BlendtSuperior Court of Delaware · 1956
  3. Terrell v. StateIndiana Supreme Court · 1905
  4. Commonwealth v. BickumMassachusetts Supreme Judicial Court · 1891
  5. Goulson v. United StatesCourt of Appeals for the Sixth Circuit · 1926

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