Commonwealth v. Ingersoll
Massachusetts Supreme Judicial Court
Complaint to the Police Court of Gloucester, for keeping intoxicating liquors with intent unlawfully to sell the same in this Commonwealth.
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Complaint to the Police Court of Gloucester, for keeping intoxicating liquors with intent unlawfully to sell the same in this Commonwealth. The record recited that the defendant was arrested and brought before said court, and the complaint read to him, “ and, being asked whether he is guilty or not of the offence within charged upon him, pleads nolo contendere, but, after hearing divers witnesses duly sworn to testify the whole truth, and fully understanding the defence of said defendant, it is adjudged by the said court that said defendant is guilty of said offence; ” and that the defendant…
1Opinion of the CourtMorton, C. J.
If the defendant in a criminal case pleads guilty, he cannot afterwards retract his plea and plead anew, except by leave of the court. If, therefore, a defendant pleads guilty in a municipal or police court, and appeals from the sentence to the Superior Court, he cannot of right claim a trial by jury, but is liable to be sentenced upon his original plea in the court below, unless the court gives him leave to plead anew. Commonwealth v. Mahoney, 115 Mass. 151. A plea of nola contendere, when accepted by the court, is, in its effect upon the case, equivalent to a plea of guilty. It is an…
2Cases cited1 opinion
- Commonwealth v. MahoneyMassachusetts Supreme Judicial Court · 1874
3Cited by36 opinions
- Olsen v. CorreiroCourt of Appeals for the First Circuit · 1999
- Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918
- Tseung Chu v. CornellCourt of Appeals for the Ninth Circuit · 1957
- Twin Ports Oil Co. v. Pure Oil Co.District Court, D. Minnesota · 1939
- People v. DaibochNew York Court of Appeals · 1934
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