Commonwealth v. Hart
Massachusetts Supreme Judicial Court
Complaint on the Pub. Sts. c. 101, §§ 6, 7, to the Police Court of Newton, for keeping a common nuisance on the first day of August, 1888, and on divers days between that day and the tenth day of September, 1888. Trial in the Superior Court, on appeal, before Mason, J., who allowed the following bill of exceptions : “ The defendant duly pleaded in bar of said complaint that he was tried and acquitted on a complaint relating to the same tenement, and charging the same…
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Complaint on the Pub. Sts. c. 101, §§ 6, 7, to the Police Court of Newton, for keeping a common nuisance on the first day of August, 1888, and on divers days between that day and the tenth day of September, 1888. Trial in the Superior Court, on appeal, before Mason, J., who allowed the following bill of exceptions : “ The defendant duly pleaded in bar of said complaint that he was tried and acquitted on a complaint relating to the same tenement, and charging the same offence, on the tenth day of September, 1888, by said police court, said complaint covering a part of the time alleged in the…
1Opinion of the CourtW. Allen, J.
To a complaint brought before a police court for a misdemeanor, the defendant pleaded in bar a former acquittal by the same court on a complaint for the same offence. The defendant pleaded not guilty to the former complaint, and was put upon his trial thereon, and evidence heard against him, *8and he was discharged. The only ground for holding that the former judgment is not a bar is in the statement that during the ^progress of the trial “the court nol pros’d the complaint.”
In general a person put upon trial for a crime is thereby put in jeopardy, and cannot be again tried for the same…
2Cases cited4 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Commonwealth v. McCormickMassachusetts Supreme Judicial Court · 1881
- Commonwealth v. BressantMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1876
3Cited by43 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Ward v. StateCourt of Appeals of Maryland · 1981
- Commonwealth v. BrandanoMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. GordonMassachusetts Supreme Judicial Court · 1991
- Clawans v. RivesCourt of Appeals for the D.C. Circuit · 1939
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