Commonwealth v. Peto
Massachusetts Supreme Judicial Court
Complaint to Joseph E. Pond, Jr., justice of the peace, “designated and commissioned to issue warrants in criminal cases,” alleging that the defendant, on November 13, 1882, at Attleborough, kept intoxicating liquors with intent to sell the same in this Commonwealth, he not being authorized so to sell the same under the provisions of the St. of 1869, c. 415, nor by any legal authority whatever.
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Complaint to Joseph E. Pond, Jr., justice of the peace, “designated and commissioned to issue warrants in criminal cases,” alleging that the defendant, on November 13, 1882, at Attleborough, kept intoxicating liquors with intent to sell the same in this Commonwealth, he not being authorized so to sell the same under the provisions of the St. of 1869, c. 415, nor by any legal authority whatever. The jurat annexed to the complaint was signed by “ Joseph E. Pond, Jr., justice of the peace, authorized to issue warrants as aforesaid.” In the Superior Court, before the jury were empanelled, the…
1Opinion of the CourtDevens, J.
1. The complaint was addressed to Joseph E. Pond, justice of the peace, designated and commissioned to issue warrants in criminal cases, and the jurat is signed by him as justice of the peace, authorized to issue warrants as aforesaid. As by the St. of 1879, c. 254, § 1, (Pub. Sts. c. 155, § 4,) the Governor could, with the advice and consent of the Council, designate and commission certain justices of the peace with authority to issue warrants in criminal cases, the jurisdiction of the magistrate sufficiently appeared on the face of the papers, which disclosed his official character and the…
2Cases cited5 opinions
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. BlanchardMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. DohertyMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. MosherMassachusetts Supreme Judicial Court · 1883
3Cited by4 opinions
- Vedin v. United StatesCourt of Appeals for the Ninth Circuit · 1919
- Commonwealth v. TayMassachusetts Supreme Judicial Court · 1888
- State v. WallaceSupreme Judicial Court of Maine · 1921
- Commonwealth v. TaberMassachusetts Supreme Judicial Court · 1891