Commonwealth v. Foster

This record presents two questions :

First. Is a fine for a breach of the peace, assessed under the statute for suppressing riots, routs, unlawful assemblies, and breaches of the peace, a legal bar to a subsequent indictment against the same party, for an assault and battery ?

Second. Is the transcript of the record of the proceedings in the case against the defendant for a breach of the peace, so made out and certified as to be admissible as evidence ?

The first question was decided in the affirmative, in the case of the Commonwealth vs. Miller, under the statute of 1802, (5 *2Dana, 320.) The…