Commonwealth v. Martin
Massachusetts Supreme Judicial Court
Indictment for assault and battery on Stillman A. Biathrow. At the trial in the superior court, before Ames, C. J., it appeared that in March 1867 Biathrow was regularly appointed a police officer under the following by-law of Stoneham: “ There shall be annually appointed, in the month of March, by the selectmen, three or more suitable persons police officers, who shall hold their offices for one year and until others are appointed in their stead, unless sooner removed,…
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Indictment for assault and battery on Stillman A. Biathrow. At the trial in the superior court, before Ames, C. J., it appeared that in March 1867 Biathrow was regularly appointed a police officer under the following by-law of Stoneham: “ There shall be annually appointed, in the month of March, by the selectmen, three or more suitable persons police officers, who shall hold their offices for one year and until others are appointed in their stead, unless sooner removed, whose duties shall be to superintend the police of the town, and to notice all offences against the by-laws of the town, and…
1Opinion of the CourtBigelow, C. J.
1. The police officer was authorized to serve the warrant. He was not restricted by the by-laws of the town for which he was appointed, to the service of warrants issued on complaints for offences against the provisions of such by-laws. He was also authorized “ to superintend the police of the town.” This language is sufficiently broad to include an authority to exercise his powers as a police officer for the arrest of a person who had committed a misdemeanor within the limits of the town, (Gen. Sts. c. 18, § 38,) although after the commission of *6the offence he left the town, and was found…
2Cited by6 opinions
- Commonwealth v. OwensMassachusetts Supreme Judicial Court · 1993
- Commonwealth v. GriseMassachusetts Supreme Judicial Court · 1986
- Commonwealth v. KerrMassachusetts Supreme Judicial Court · 1991
- Monson v. BoydIdaho Supreme Court · 1959
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1896
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