Batchelder v. Commonwealth
Massachusetts Supreme Judicial Court
Writ of error to reverse a judgment of the superior court in Suffolk. From the record it appeared that the plaintiff in error was tried before the municipal court of the city of Boston on his plea of not guilty to a complaint under the Gen. Sts. c. 87, §§ 6, 7, charging him with keeping a tenement for the illegal sale and keeping of intoxicating liquors ; that he was convicted and sentenced to pay a fine, appealed to the superior court, and entered into a recognizance to…
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Writ of error to reverse a judgment of the superior court in Suffolk. From the record it appeared that the plaintiff in error was tried before the municipal court of the city of Boston on his plea of not guilty to a complaint under the Gen. Sts. c. 87, §§ 6, 7, charging him with keeping a tenement for the illegal sale and keeping of intoxicating liquors ; that he was convicted and sentenced to pay a fine, appealed to the superior court, and entered into a recognizance to prosecute his appeal; that the complaint was entered by appeal at January term 1871 of the superior court, where he, by his…
1Opinion of the CourtWells, J.
The plaintiff in error was convicted in the municipal court upon his plea of “ not guilty.” He appealed to tin superior court, and there, failing to prosecute his appeal, was defaulted. He then stood liable to sentence upon his conviction, in the same manner as if he had been convicted in that court. Gen. Sts. e. 173, § 5.
In the municipal court he was hable to sentence both of fine and imprisonment. If that court, in its discretion, upon proof that he had not before been convicted of a similar offence, imposed a fine only, the power of the superior court on appeal to impose both fine and…
2Cited by8 opinions
- Commonwealth v. BartlettMassachusetts Supreme Judicial Court · 1978
- State v. GerrySupreme Court of New Hampshire · 1896
- Commonwealth v. KempMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. CoughlinMassachusetts Supreme Judicial Court · 1977
- Thompson v. Tucker-OsbornMichigan Supreme Court · 1897
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