Commonwealth v. Wait
Massachusetts Supreme Judicial Court
Complaint, under the Sfc. of 1878, c. 172, addressed to a trial justice, and alleging that, on August 1, 1879, at Montague, the defendants “did unlawfully and wilfully use a sweep seine in the waters of the Connecticut River, said seine having a mesh which stretches less than five inches, against the peace,” etc. The defendant, being convicted before the trial justice, appealed to the Superior Court.
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Complaint, under the Sfc. of 1878, c. 172, addressed to a trial justice, and alleging that, on August 1, 1879, at Montague, the defendants “did unlawfully and wilfully use a sweep seine in the waters of the Connecticut River, said seine having a mesh which stretches less than five inches, against the peace,” etc. The defendant, being convicted before the trial justice, appealed to the Superior Court. The copy of proceedings filed in that court contained: 1st. The complaint, dated and sworn to before the magistrate “ this sixth day of August in' the year of our Lord one thousand eight hundred…
1Opinion of the CourtGray, C. J.
The attestation by the magistrate at the end of the record was a sufficient attestation of all the proceedings, including the complaint and warrant. Commonwealth v. Ford, 14 Gray, 399. Commonwealth v. Barry, 115 Mass. 146. The case is thus distinguished from Commonwealth v. Doty, 2 Met. 18, on which the defendants rely, in which there was no attestation of the record.
*419Taking the whole record together, the date of the warrant appears, by comparison with the date and jurat of the previous complaint to which it refers and on which it purports to have been issued, and with the succeeding statement…
2Cases cited2 opinions
- Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. HartMassachusetts Supreme Judicial Court · 1877
3Cited by9 opinions
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- Commonwealth v. TayMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. LynnMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. OakesMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. QuigleyMassachusetts Supreme Judicial Court · 1897
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