Commonwealth v. Galligan
Massachusetts Supreme Judicial Court
The first case was a complaint to Oscar A. Harden, Esq., a trial justice for the county of Norfolk, charging the defendant with the illegal keeping of liquors in Canton on April 20, 1890. At the trial in the Superior Court it appeared that, at the trial before Mr. Harden, the defendant, on a complaint for the same offence sworn out May 15, 1890, had been brought before Thomas E. Grover, Esq., a trial justice for the same county, on the 19th of the same month, and that the…
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The first case was a complaint to Oscar A. Harden, Esq., a trial justice for the county of Norfolk, charging the defendant with the illegal keeping of liquors in Canton on April 20, 1890. At the trial in the Superior Court it appeared that, at the trial before Mr. Harden, the defendant, on a complaint for the same offence sworn out May 15, 1890, had been brought before Thomas E. Grover, Esq., a trial justice for the same county, on the 19th of the same month, and that the case had been several, times continued, finally to June 17th following, when it was continued nisi. Bishop, J. declined to…
1Opinion of the CourtAllen, J.
1. The former prosecution before Mr. Grover was no bar to the present prosecution. The continuance of that prosecution nisi, that is, to no fixed day, amounted to a discontinuance, and the defendant could no longer be held in that case. Commonwealth v. Maloney, 145 Mass. 205. But this was not equivalent to an acquittal. The defendant was never put upon trial in that prosecution, and the discontinuance which was the result of the continuance nisi was no more a bar to a new complaint than the entry of a nolle prosequi before the commencement of the trial would be. Commonwealth v. Tuck, 20 Pick.…
2Cases cited8 opinions
- Commonwealth v. FinnertyMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. MaloneyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1890
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3Cited by21 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- White Eagle Oil & Refining Co. v. GundersonSouth Dakota Supreme Court · 1925
- Commonwealth v. SpencerMassachusetts Supreme Judicial Court · 1912
- State Ex Rel. Anaya v. McBrideNew Mexico Supreme Court · 1975
- City of Tombstone v. MacIaArizona Supreme Court · 1926
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