Commonwealth v. Rice
Massachusetts Supreme Judicial Court
Indictment found and returned on December 6, 1913, charging the defendant with larceny from the person of one McEvoy in Boston on November 8, 1913, of money of the amount and value of $20. The defendant filed a “plea of former jeopardy,” alleging that the defendant had been tried for the same offense in the Municipal Court of the City of Boston on November 13, 1913, and found guilty by the judge of that court, although _ the judge afterwards withdrew his finding and declined…
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Indictment found and returned on December 6, 1913, charging the defendant with larceny from the person of one McEvoy in Boston on November 8, 1913, of money of the amount and value of $20. The defendant filed a “plea of former jeopardy,” alleging that the defendant had been tried for the same offense in the Municipal Court of the City of Boston on November 13, 1913, and found guilty by the judge of that court, although _ the judge afterwards withdrew his finding and declined jurisdiction and ordered the defendant to recognize for his appearance in the Superior Court. The Commonwealth filed a…
1Opinion of the CourtSheldon, J.
The only question raised in this case is the sufficiency of the defendant’s plea of former jeopardy.
The charge against him was the larceny of $20 from the person of one McEvoy. The Municipal Court of the City of Boston, which received the complaint and issued the warrant, had jurisdiction, concurrently with the Superior Court, of that offense. Sts. 1909, c. 442; 1911, c. 176, § 1. Commonwealth v. Gately, 203 Mass. 598. Commonwealth v. Drohan, 210 Mass. 445, 448. But the Municipal Court was not required to take full jurisdiction of the case. In any case within the jurisdiction of such courts,…
2Cases cited5 opinions
- Commonwealth v. HartMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. GoddardMassachusetts Supreme Judicial Court · 1816
- Commonwealth v. HamiltonMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. DrohanMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. GatelyMassachusetts Supreme Judicial Court · 1909
3Cited by19 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Spiegel v. Beacon Participations, Inc.Massachusetts Supreme Judicial Court · 1937
- Collins v. LoiselSupreme Court of the United States · 1923
- Myers v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
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