Commonwealth v. Cushing
Massachusetts Supreme Judicial Court
Indictment for assault and battery of Eben B. Place, a police officer in the lawful execution of bis office. At the trial in the superior court, before Ames, C. J., the attorney for the Commonwealth stated that he should not contend that there should be a conviction “ unless the court should rule upon the facts which were not in dispute that Place was a properly appointed police officer of the town of Holyoke; ” and introduced in evidence the book of records of the selectmen…
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Indictment for assault and battery of Eben B. Place, a police officer in the lawful execution of bis office. At the trial in the superior court, before Ames, C. J., the attorney for the Commonwealth stated that he should not contend that there should be a conviction “ unless the court should rule upon the facts which were not in dispute that Place was a properly appointed police officer of the town of Holyoke; ” and introduced in evidence the book of records of the selectmen of that town, containing the following vote : “ Voted that Eben B. Place be appointed on police duty, and that he be…
1Opinion of the CourtChapman, C. J.
The appointment of Place “ on police duty ” constituted him a police officer in conformity with the provisions of Gen. Sts. c. 18, § 38. It was not necessary that he should be sworn. Section 31 designates what officers are to be sworn. And see Commonwealth v. Dugan, 12 Met. 233.
Exceptions overruled.
2Cited by4 opinions
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