Commonwealth v. Taber
Massachusetts Supreme Judicial Court
Complaint for keeping intoxicating liquors with intent unlawfully to sell the same, addressed to “ George G. Withington, .Justice of the Peace in and for the county of Bristol and Commonwealth of Massachusetts, designated and commissioned to issue warrants in criminal cases.” The jurat annexed to the complaint was as follows : “ Bristol ss. Received and sworn to the nineteenth day of August in the year one thousand eight hundred and ninety. Before me, Geo.
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Complaint for keeping intoxicating liquors with intent unlawfully to sell the same, addressed to “ George G. Withington, .Justice of the Peace in and for the county of Bristol and Commonwealth of Massachusetts, designated and commissioned to issue warrants in criminal cases.” The jurat annexed to the complaint was as follows : “ Bristol ss. Received and sworn to the nineteenth day of August in the year one thousand eight hundred and ninety. Before me, Geo. G. Withington, Justice of the Peace, authorized to issue warrants as aforesaid.” The defendant was tried, on appeal, in the Superior…
1Opinion of the CourtAllen, J.
A justice of the peace, who has been designated and commissioned under the Pub. Sts. c. 155, § 4, and the St. of 1884, c. 286, with authority to issue warrants in criminal cases, may lawfully receive the complaints upon which such warrants are issued. Since the warrants cannot be issued without complaints, authority to receive complaints is implied from the authority to issue the warrants. Commonwealth v. Peto, 136 Mass. 155.
The magistrate’s signature to the jurat was sufficient. The abbreviation “Geo.” may be assumed to stand for George; Commonwealth v. O'Baldwin, 103 Mass. 210; and the…
2Cases cited2 opinions
- Commonwealth v. PetoMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. O'BaldwinMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Fuller v. InmanCourt of Appeals of Georgia · 1912
- Savannah Electric Co. v. BellSupreme Court of Georgia · 1906