Legal Opinion
Commonwealth v. Stedman
Massachusetts Supreme Judicial Court
Decided September 15, 1847Published
This was a complaint, made to a justice of the peace, wherein the defendant was charged, on the Rev. Sts. c. 143, $ 5, with selling spiritous liquor, without license, in the open air, This case was argued and decided at the last September term.
1Opinion of the Court
The only case, perhaps, 'in which a nol. pros, cannot be entered, without the defendant’s consent, is where the cause has been committed to the jury, and the government fail to prove the defendant’s guilt, or he makes out a clear defence. Commonwealth v. Wade, 17 Pick. 395. The State v. I. S. S. 1 Tyler, 178. The State v. Roe, 12 Verm. 109.
The court overruled the exceptions.
2Cases cited2 opinions
- State v. RoeSupreme Court of Vermont · 1840
- State v. I. S. S.Supreme Court of Vermont · 1801