Commonwealth v. Dascom
Massachusetts Supreme Judicial Court
Indictment for an assault and battery upon Joseph S. How-land. The defendant filed a plea alleging that he had been convicted of the assault and battery on a complaint before a justice of the peace. The Commonwealth filed a replication, admitting the fact of the conviction, but alleging that the defendant procured it “by his own confession, information and procurement and by fraud.”
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Indictment for an assault and battery upon Joseph S. How-land. The defendant filed a plea alleging that he had been convicted of the assault and battery on a complaint before a justice of the peace. The Commonwealth filed a replication, admitting the fact of the conviction, but alleging that the defendant procured it “by his own confession, information and procurement and by fraud.” Trial in the Superior Court for Middlesex, before Putnam, J., who allowed the following bill of exceptions ; “ It was agreed between counsel that the defendant should enter a plea of not guilty, and that the…
1Opinion of the CourtGray, J.
The trial of the issue upon the plea of the former conviction together with the general issue in the case was irregular, but, as it was by agreement, the defendant is bound by the result. Commonwealth v. Merrill, 8 Allen, 545, 547.
The jury, having been instructed to find the defendant not guilty “ unless they found that the defendant fraudulently procured himself to be complained of before the magistrate and arrested on a warrant, and voluntarily submitted to a conviction on *406such complaint, for the purpose of avoiding the effect of a subsequent complaint made by the injured party, which he…
2Cases cited2 opinions
- State v. GreenSupreme Court of Iowa · 1864
- Commonwealth v. AldermanMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Watkins v. StateIndiana Supreme Court · 1879
- Richardson v. StateCourt of Criminal Appeals of Texas · 1928
- State v. SmithSupreme Court of Kansas · 1897
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