Commonwealth v. Fay
Massachusetts Supreme Judicial Court
Complaint to the Police Court of Brookline, for the unlawful sale of intoxicating liquors. The copy of the record of the judgment of the police court, transmitted to the Superior Court on appeal, was signed, “ Charles F. Perkins, Justice of said Court,” without more, and attested by “ Charles H. Drew, Justice of said Court.”
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Complaint to the Police Court of Brookline, for the unlawful sale of intoxicating liquors. The copy of the record of the judgment of the police court, transmitted to the Superior Court on appeal, was signed, “ Charles F. Perkins, Justice of said Court,” without more, and attested by “ Charles H. Drew, Justice of said Court.” The copy of the complaint accompanying the record of the judgment disclosed that the complaint was subscribed and sworn to before “ Charles F. Perkins, Special Justice,” without more, and was attested by “ Charles H. Drew, Justice of the Police Court of Brookline.” At the…
1Opinion of the CourtC. Allen, J.
The defendant’s objection is, that the oath to the complaint was taken before the special justice of the Police Court of Brookline, and that the record was signed by him, thus showing that the trial in the police court was before him; and that there was nothing upon the record to show that he had authority to act by reason of the sickness, interest, absence, or other disability of the justice. It is provided in the Pub. Sts. c. 154, § 25, that each police court “ shall be held by the justice, except in case of his sickness, interest, absence, or other disability ; but in such cases, and in…
2Cases cited1 opinion
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1879
3Cited by9 opinions
- Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. CoyMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. ConnorMassachusetts Supreme Judicial Court · 1891
- Bent v. StoneMassachusetts Supreme Judicial Court · 1903
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