Commonwealth v. Goddard
Massachusetts Supreme Judicial Court
The defendant, being indicted for an assault and battery, pleaded in bar a former conviction of the same offence, before a justice of the peace. The Attorney-General demanded oyer of the record of the conviction, and demurred to the plea in bar, and the defendant joined the demurrer.
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The defendant, being indicted for an assault and battery, pleaded in bar a former conviction of the same offence, before a justice of the peace. The Attorney-General demanded oyer of the record of the conviction, and demurred to the plea in bar, and the defendant joined the demurrer. The record of the conviction stated, that the defendant, being brought before the justice by virtue of a warrant by him issued, pleaded not guilty to the complaint; that, after a full hearing, it appeared to the justice that he was *guilty, and thereupon the justice ordered him to recognize for his appearance at…
1Opinion of the CourtParker, C. J.
The plea in bar, of which the record of the justice is to be considered a part, it being set out upon oyer prayed by the Attorney-General, is defective in * several particulars. The plea ought to have averred the identity of the defendant with the person tried and convicted before the justice ; and it ought to have set forth more specially the jurisdiction of the justice, and the proceedings before him.
Still, if sufficient matter appears by the plea and the record to show that the offence, of which the defendant is now indicted, is the same for which he has been tried, convicted, and…
2Cited by25 opinions
- Rowley v. WelchCourt of Appeals for the D.C. Circuit · 1940
- Corey v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Strobhar v. StateSupreme Court of Florida · 1908
- Commonwealth v. TherrienMassachusetts Supreme Judicial Court · 1971
- State v. Di GiosiaSupreme Court of New Jersey · 1950
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