Commonwealth v. Galligan
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of Taunton under Gen. Sts. c. 87, § 7, for keeping and maintaining a tenement used for the illegal keeping and sale of intoxicating liquors.
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Complaint to the Municipal Court of Taunton under Gen. Sts. c. 87, § 7, for keeping and maintaining a tenement used for the illegal keeping and sale of intoxicating liquors. The copy of the complaint transmitted to the Superior Court alleged the offence to have been committed “ on the first day of March, in the year of our Lord one thousand eight hundred and seventy-three, and on divers other days and times between that day and the twenty-first day of June, in the year eighteen hundred and seventy-three.” The material portion of the copy of the record of the Municipal Court transmitted to the…
1Opinion of the CourtGray, C. J.
The jurisdiction of the Superior Court in this case, being appellate only, is limited to the same accusation which appears, by the papers transmitted to it by the court to which the complaint was originally presented, to have been tried and decided in that court. Gen. Sts. c. 173, § 3. Commonwealth v. Doty, 2 Met. 18. Commonwealth v. Burns, 8 Gray, 482. Commonwealth v. Phelps, 11 Gray, 72.
The question, whether the line drawn across that part of the record of the Municipal Court, which set forth its judgment, constituted an erasure, was a question of fact, to be determined upon inspection of…
2Cases cited2 opinions
- Commonwealth v. DresselMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. FoleyMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Commonwealth v. BracyMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. Le ClairMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. MonahanMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1895